ATTORNEY DISCIPLINE: Request to continue hearing based on “emergency” of attorney’s own making denied but remote attendance “reluctantly” allowed… COP. [Read more…]
SIWC, 2nd trial, expert, “vindictive” sentence
SIWC conviction following 2nd trial affirmed over claim of ineffective assistance for not objecting to expert’s testimony and claim of vindictive additional parole restriction… Lint affirmed. [Read more…]
Assault on minor, expert, “non-accidental trauma”
ASSAULT ON MINOR: Expert testimony on “non-accidental trauma” properly allowed as to injuries suffered by 4-month-old… warrant to search phone was impermissible general warrant but evidence seized was harmless… counsel not ineffective for failing to object to internet searches for defense council and to Prosecutor’s closing statements… conviction affirmed… Seeley affirmed. [Read more…]
Rehearing, 1,514 days pre-arrest delay by absconder
REHEARING of case involving 1,514 days pre-arrest delay by Defendant who absconded to Mexico denied… Order. [Read more…]
SSD, spine disorder not severe impairment
SSD: Benefits for spine disorder properly denied as not severe impairment… ALJ/Cavan affirmed (memorandum). [Read more…]
Child abuse, Guidelines’ commentary
CHILD ABUSE: Guidelines’ commentary supports interpretation of ambiguous “aggravated assault” to include strangulation of a child… Morris affirmed (memorandum). [Read more…]
Firearm by felon, lack of individualized assessment
FIREARM BY FELON conviction affirmed over challenge to lack of individualized assessment of dangerousness… Watters affirmed (memorandum). [Read more…]
Firearm by felon, plea withdrawal denied
FIREARM BY FELON: Plea withdrawal properly denied… Christensen affirmed (memorandum). [Read more…]
Sex offender registration, plea agreement breach
SEX OFFENDER REGISTRATION: 13-month sentence affirmed over challenge to plea agreement breach… Watters affirmed (memorandum). [Read more…]
Drugs, fentanyl text messages from decedent
DRUGS: Fentanyl conviction affirmed over challenge to text messages from decedent… Morris affirmed (memorandum). [Read more…]
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