TRAFFIC STOP: Drug suppression properly denied as to passenger in car driven by CI and “suboptimal” dog sniff… Watters affirmed (memorandum). [Read more…]
Archives for 2021
Firearms, mother purchased gun for juvenile son
FIREARMS: Convictions of purchasing gun for juvenile son affirmed… Morris affirmed (memorandum). [Read more…]
Settlements
Wrongful detainer, defenses/counter-claims time-barred
WRONGFUL DETAINER: Foreclosed homeowners’ affirmative defense to wrongful detainer claim and 3rd-party claims against bank and loan servicer barred by res judicata by Federal Court statute of limitations judgments on challenge to foreclosure as claims could have been pled in federal case… Halligan affirmed (memorandum). [Read more…]
Privacy in Communications, threatening/obscene calls
PRIVACY IN COMMUNICATIONS: Convictions for threatening/obscene calls affirmed over challenges to constitutionality of statute, threats to other than recipient, jurisdiction as to call to New York, instructions on elements not in charges… Eddy affirmed. [Read more…]
Arson, multiple convictions
ARSON: 2 of 3 counts involved same elements, State concedes that 1 should have been dismissed… claims of ineffective assistance for telling the jury that the truth is between the State’s version and Defendant’s version and for failing to introduce testimony as statement against interest more appropriate for postconviction… untimely PFO notice not prejudicial… conviction on 2 counts of torching trailer and consecutive 20-year terms affirmed… Parker affirmed, reversed (memorandum). [Read more…]
Robbery, statements in police interview
ROBBERY: Statements in police interview correctly found to be voluntary, officers did not fail to honor any unequivocal requests to terminate interview… Townsend affirmed (memorandum). [Read more…]
Plea withdrawal, PFMA
PLEA WITHDRAWAL to PFMA after subsequent PFMAs filed properly denied… Beal/Townsend affirmed (memorandum). [Read more…]
Rape, rehearing of decision affirming rape of teen denied
RAPE: Rehearing denied as to decision affirming conviction of 2003 rape of teen… order. [Read more…]
Defense verdict, wrongful discharge, policeman
VERDICT: Defense, wrongful discharge, policeman. [Read more…]
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