RAPE: Defendant’s motion to dismiss after State raised mistrial concerns about police failure to notify youth of right to parental notification properly denied after Judge sua sponte declared mistrial with 2 mistrial [Read more…]
Archives for April 2009
Sexual assault, counsel conflict, PSI access
SEXUAL ASSAULT: Defendant not denied conflict-free counsel based on his lawyer’s representation of jailhouse informants… informant’s PSI properly withheld following in camera review… conviction affirmed… Curtis affirmed. [Read more…]
Drugs, vehicle stop for domestic violence, search
DRUGS: Particularized suspicion for stopping vehicle based on domestic disturbance report and occupants known to not have driver’s licenses… consent to search vehicle need not be preceded by Miranda… consent to search properly requested after domestic disturbance investigation completed, scope of stop had already been expanded by driver being [Read more…]
DUI, entry into driver’s house
DUI: Warrantless entry into driver’s house following MVA not justified by exigent circumstances (possible destruction of BAC evidence, possible injuries)… Odlin, McLean reversed. [Read more…]
DUI/youth, expungement, Youth Court record
DUI/YOUTH: Youth’s DUI expungement unlawful, no judicial estoppel by Prosecutor’s recommendation that prior Youth Court record be expunged… Larson reversed, Deschamps affirmed. [Read more…]
DUI, wrong lane on gravel road
DUI: Particularized suspicion to stop car in wrong lane on gravel road… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]
DUI, parked on public road
DUI: Officer approaching woman in parked car on public road without emergency lights or siren did nothing to impede her liberty, she would have felt free to leave, contact was not a seizure (1st impression), particularized suspicion not needed to justify contact, DUI investigation [Read more…]
Sentencing, prescription drug negligent homicide
SENTENCING: Nexus between prescription drug MVA negligent homicide and alcohol condition not reviewed in revocation re-sentencing for failure to object below… Deschamps affirmed. [Read more…]
Restitution, prudent person test, lost income
RESTITUTION: Reasonable/prudent person test adopted… impracticability of renting tractor properly considered in ordering restitution for lost income from theft of tractor… Phillips affirmed. [Read more…]
Statute of limitations, jail fall injury
STATUTE OF LIMITATIONS: Facts of jail fall not self-concealing even though extent of injury may have taken more than 3 years to fully blossom… 120-days tolling for tort claim not applicable to counties… claim time-barred… Stadler. [Read more…]