DUI: Breath test improperly admitted in absence of Lab certification author or notice of intent to offer report… conviction reversed, remanded for new trial… Rice reversed. [Read more…]
DUI, LPN blood drawing, off-site RN supervision
DUI: Blood properly drawn by LPN under “supervision and direction” of off-site RN… Irigoin affirmed.
Kenneth Merry was stopped for traffic infractions. He provided a breath [Read more…]
Venue, “inflammatory publicity,”
VENUE: “Inflammatory” publicity clarified… Defendant failed to meet standard, change of venue properly denied… Christopher affirmed. [Read more…]
Prosecutor conduct, irrelevant probation evidence
PROSECUTORIAL CONDUCT: Prosecutor improperly allowed to repeatedly reference Defendant’s irrelevant probation status… error was trial error, not harmless, conviction reversed, remanded for retrial… Macek reversed. [Read more…]
Drugs, knowing possession of meth residue
DRUGS: Not ineffective assistance for not requesting mistrial when officer testified that Defendant exhibited meth symptoms… sufficient evidence that Defendant knowingly possessed undetermined amount of meth residue over claim that he found vial and did not know it contained meth… Harkin affirmed. [Read more…]
Aggravated assault, “consent” of bar fight victim
AGGRAVATED ASSAULT: Against public policy for consent of victim to be defense to aggravated assault (1st impression)… Defendant’s conduct at other bars and video of post-arrest interview properly admitted under transaction rule… intoxication due process claim not preserved for appeal… Swandal affirmed. [Read more…]
Revocation, “personality disordered” v. mental
REVOCATION: Sufficient evidence that “personality disordered” Defendant did not suffer mental disease… properly revoked, properly sentenced to MSP rather than alternative… McLean affirmed. [Read more…]
Forfeiture, meth vehicle, Excessive Fines Clause
FORFEITURE: Federal Excessive Fines Clause not applicable to state forfeiture, but Court would have difficulty overturning forfeiture of meth vehicle under State restitution law… Simonton affirmed. [Read more…]
Railroads, crossing death, exhibits authentication
RAILROADS: Previously defective RR exhibits as to crossbucks at death crossing properly authenticated on remand from Supreme Court, state law tort claims preempted by federal funding of crossbucks… Fagg. [Read more…]
Defense verdict, UIM, neck strain v. rotator cuff
VERDICT: Defense, $25,000 total damages from rear-end auto found in UIM claim after $100,000 liability limits and $5,000 med-pay … claim of minor neck strain by UIM insurer, claim of torn rotator cuff by insured. [Read more…]
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