ASSAULT WITH WEAPON: Denial of instruction on misdemeanor assault as lesser-included of felony assault with weapon improperly took reasonable apprehension and serious injury [Read more…]
Ineffective assistance, jury polling, press exposure
INEFFECTIVE ASSISTANCE not shown by not polling jury as to exposure to newspaper account of trial, nor by breakdown in communication initiated by Defendant, substitution of [Read more…]
DUI, sufficiency of evidence, “under influence”
DUI: Sufficient evidence of “under the influence”… Phillips affirmed (IOR I-3(d)(v)). [Read more…]
DUI, particularized suspicion
DUI: Particularized suspicion to stop… Curtis affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, sexual assault, conditions, habeas
SENTENCING: Habeas challenge of sexual assault sentencing conditions rejected… order. [Read more…]
$867,000 verdict, claimed crush between semis
VERDICT: $867,000, claimed crush between semis, lumbar/ribs fractures. [Read more…]
Environment, grazing impact, nonexistent grouse
ENVIRONMENT: FS erred in using nonexistent sage grouse to assess grazing impact… Molloy reversed. [Read more…]
Machine gun, knowledge of possession,
MACHINE GUN: Sufficient circumstantial evidence that Defendant knew he possessed a machine gun… Cebull affirmed (unpublished). [Read more…]
Sentencing, “actual innocence,” homicide, habeas
SENTENCING: Habeas Petitioner failed to show “actual innocence” of deliberate homicide, new evidence not significantly different from what jury considered… not [Read more…]
Sentencing, serious injury intent enhancement
SENTENCING: Sufficient evidence of intent to warrant 4-level enhancement for assault resulting in serious injury, 48 months substantively reasonable… Haddon affirmed [Read more…]
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