DUI: Jury unclearly instructed on “actual physical control” by Defendant sleeping in bar parking lot… conviction reversed, remanded for new trial… McKeon reversed. [Read more…]
Sentencing, intended meth dealer, MSP v. treatment
SENTENCING: Intended meth dealer properly sentenced to MSP, not treatment… no ineffective assistance in not seeking reconsideration… Langton affirmed. [Read more…]
Sentencing, prison sex treatment, inability to admit
SENTENCING: Motion to remove sex treatment requirement on grounds of inability to admit guilt properly denied as untimely, although more properly postconviction petition… Lympus [Read more…]
Sentencing, “typo” correction, sex treatment
SENTENCING: Bail jumping sentence properly modified following dismissal of revocation petition to correct “typographical error” to extend sex treatment to probation… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
Fitness, excess Warm Springs evaluation
FITNESS: 99 days at Warm Springs for evaluation not violative of due process where lawyer initially supported 90 days and Defendant uncooperative with examiners… State’s claim of [Read more…]
Ineffective assistance, “initial inquiry”
INEFFECTIVE ASSISTANCE: “Initial inquiry” adequate… Todd affirmed.
The State alleged that following removal of Tyson Happel’s [Read more…]
Restitution, open-ended, undetermined amount
RESTITUTION order by Stadler improperly open-ended with undetermined amount, remanded for specified amount rather than striking… order. [Read more…]
Postconviction, new evidence, sex victim affidavit
POSTCONVICTION: Victim’s affidavit that Defendant not the triplet uncle who assaulted him not new evidence that would overcome time-bar since victim’s inability to discern [Read more…]
Indians, gas station toxic exposure
INDIANS: No Tribal Court jurisdiction over member’s toxic exposure claims against nonmember gas station… Haddon affirmed (unpublished). [Read more…]
Insurance, UIM, family member vehicle exclusion
INSURANCE: Exclusion of UIM on family vehicle valid under Monroe… Monroe not in conflict with Bennett/ Hardy coverage for which insurer received consideration, [Read more…]
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