CHILD PORNOGRAPHY: Multiple convictions permissible for possession of multiple images discovered on the same computer on same day… 3 counts are not included within offense charged in Count 1, 4 separate convictions affirmed… Newman affirmed. [Read more…]
Archives for 2021
Revocation, 2017 amendment, felony v. misdemeanor
REVOCATION: 2017 amendments to §46-18-203 pertain only to revocation of felony probation/parole, PFMA misdemeanant properly revoked for using intoxicants without exhausting MIIG procedures… Jenks/Deschamps affirmed. [Read more…]
DUI, “paced” speeding of mistaken identity vehicle
DUI: Officer justified in stopping vehicle based on “paced” speeding despite vehicle not being the one reported by a citizen as possible DUI… Walker/Todd affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Victorianne Dahl, upper extremities, 12/18, $5,000, Paul Adam [Read more…]
Bar admission, remote exam score transfer
BAR ADMISSION: Petitions for acceptance of remote-exam score for admission by score transfer are denied, but Temporary Admission Rules will be revised to accommodate remote-exam applicants… order. [Read more…]
Incest, false child reports expert
INCEST: Defendant improperly precluded from calling expert to testify regarding general information of false reports in child sex abuse cases… conviction reversed, remanded for new trial… Berger reversed. [Read more…]
Postconviction, crime staged to implicate deputy
POSTCONVICTION claims of Defendant who was convicted of staging a crime scene to implicate a deputy properly rejected without hearing… Wald affirmed (IOR I-3(c)). [Read more…]
DUI, mandatory felony fine, SSD only income
DUI: Mandatory felony DUI fine properly imposed on Defendant whose only income is SSD but related surcharge improperly imposed without assessment of ability to pay… ability to pay cost of imprisonment, probation, alcohol treatment properly deferred to DOC… Cuffe affirmed, reversed. [Read more…]
DUI, independent blood test, not “unreasonably impeded”
DUI: Defendant not “unreasonably impeded” from obtaining independent blood test… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Special Use Permit, Board of Adjustment appeal
SPECIAL USE PERMIT: 2015 statute granted Commissioners discretion in reviewing BOA determination but abuse of discretion standard of review applies… Commissioners abused discretion by re-weighing the evidence and modifying, reversing, or remanding BOA’s conditions… Manley. [Read more…]