INCEST: Evidence of 2012 juvenile molestation of half-sister and admission of sexual feelings only toward her properly admitted as evidence of “longstanding sexual fixation” providing motive for alleged rape in 2017, not outweighed by unfair prejudice… Wilson affirmed. [Read more…]
Archives for October 2021
Drugs, illegal pat-down, consented vehicle search
DRUGS: Pipe with meth residue illegally seized in pat-down after community caretaker investigation of known drug-related car stuck in snow in high-crime area, but meth properly seized in subsequent consented vehicle search, not invalidated by exclusionary rule vis-à-vis illegal pat-down… but unclear factual basis for plea-agreement requires remand for trial or new plea… Fehr affirmed, reversed. [Read more…]
Drugs, Vietnamese staring at MHP marijuana-stuffed van
DRUGS: Officer’s “cordial conversation” with Vietnamese at gas station on drug corridor who was staring at MHP van stuffed with marijuana constituted seizure which was not justified by particular suspicion… motion to suppress marijuana found in consented search of car improperly denied… Hayworth reversed. [Read more…]
Settlements
Plan II
Brian Herzog, eyes/neck, 12/13, Bozeman Lowe’s, New Hampshire accepted liability, paid all benefits due & owing, disputes as to ability to return to work and ongoing medical including primary medical, domiciliary, and medical causation, $625,000 for all claims ($328,408 MSA, $378,712.49 to Herzog and Murphy Law Firm for up-front cash to Herzog, fees, and costs, $178,770.51 to American General Annuity Service to fund periodic payments), stipulated judgment; Thomas Murphy for Herzog, Charlie Smith for New Hampshire Ins. [Read more…]
Mental commitment, waiver of presence at hearing
MENTAL COMMITMENT: Counsel’s waiver of presence at initial hearing due to dementia and hearing loss plain error, commitment reversed… Eddy reversed. [Read more…]
Malicious prosecution, rehearing denied
MALICIOUS PROSECUTION: Rehearing denied as to holding that claim against law firm was improperly dismissed… order. [Read more…]
Endangerment/stalking, fence post chainsaw sabotage
ENDANGERMENT/STALKING: Placing barbed wire and obstructions in easement constituted stalking regardless of no verbal or written “communication”… railroad tie fence post properly admitted despite weather deterioration between first trial with hung jury and second trial which diminished visibility of dirt line vis-à-vis Defense argument that screw was visible to chainsaw cutter… convictions affirmed… Berger affirmed. [Read more…]
Jury waiver, oral representation by counsel insufficient
JURY WAIVER: Oral representation of counsel insufficient basis for waiver of jury… courthouse vandalism conviction reversed, remanded for new trial… Eddy reversed (memorandum). [Read more…]
Assault on officer, justifiable force not self-evident
ASSAULT ON OFFICER: Unlawful force by jailer in struggle not self-evident from State’s case such that Defendant’s justifiable force instructions should have been given… Seeley affirmed. [Read more…]
Trial restraints, MSP inmate, leg irons, guards present
TRIAL RESTRAINTS: MSP inmate charged with spitting on guards not deprived of fair trial by having to wear leg irons and presence of guards in courtroom… Dayton affirmed (memorandum). [Read more…]