SERVICE by party invalid, dismissed for failure to serve within 3 years… Rice affirmed (IOR I-3(d)(v)). [Read more…]
Water, failure to apprise of need to file exceptions
WATER: DNRC Proposal for Decision, Final Order failed to clearly inform applicant of need to file exceptions prior to judicial review… properly remanded for opportunity to file exceptions… Swandal affirmed (IOR I-3(d)(v)). [Read more…]
Venue, no rationale for change order
VENUE change order by Curtis cannot be reviewed without rationale… order. [Read more…]
Deliberate homicide, speedy trial, bi-polar witness
DELIBERATE HOMICIDE: Speedy trial claim properly rejected… jury properly instructed as to weight to give testimony… bi-polar witness not compelled to provide mental records… plain error review of alleged prosecutorial misconduct declined… conviction affirmed… Sandefur affirmed (IOR I-3(d)(v)). [Read more…]
Revocation, incorporation of PSI restriction
REVOCATION: PSI restriction on contact with youths properly incorporated by reference into sentence of statutory rape defendant, contact also restricted in divorce decree, Defendant properly revoked for contact with son… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Revocation, alleged illegal arrest in Georgia
REVOCATION: Challenge to jurisdiction to revoke following alleged illegal arrest in Georgia waived by not raising below, but in any event remedy for unlawful arrest is not dismissal… Georgia convictions for sending obscene images to minors violated express probation condition, Defendant properly revoked… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
DUI, “carjacked” driver, compulsion
DUI: Compulsion defense properly rejected by driver who claimed passengers “carjacked him, forced him to drink and drive… McKinnon affirmed (IOR I-3(d)). [Read more…]
DUI, sleeping driver in bar lot
DUI: Particularized suspicion to check on vehicle with sleeping driver in closed bar lot ripened into probable cause to arrest… reinstatement of suspended license properly denied…. Fagg affirmed (IOR I-3(d)(v)). [Read more…]
MIP, meritorious but moot test challenge
MIP: Challenge of breath/urine testing imposed by JP meritorious but moot, postconviction petition denied… Jones affirmed (IOR I-3(d)(v)). [Read more…]
Plea withdrawal, animal cruelty, untimely motion
PLEA WITHDRAWAL of nolo plea to animal cruelty charges properly denied based on untimely motion (more than year after judgment), failure to establish actual innocence… Harris/Neill affirmed (IOR I-3(d)(v)). [Read more…]
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