AGGRAVATED ANIMAL CRUELTY: Challenge to imposition of liability for County’s costs in caring for 58 horses waived by failure to object, but costs were “reimbursement,” not “restitution,” so 10% restitution fee improperly imposed… Seeley affirmed, reversed (memorandum). [Read more…]
Sexual assault, special unanimity, prosecutorial conduct
SEXUAL ASSAULT: (Conviction affirmed over claims of need for special unanimity instruction and prosecutorial misconduct… Harada affirmed (memorandum). [Read more…]
Prisoners, County’s rate for housing DOC prisoners
PRISONERS: County’s challenge to reimbursement rate for housing DOC prisoners properly rejected… Menahan affirmed. [Read more…]
SIWC, psychologist testimony via Zoom from Nantucket
SIWC: Psychologist erroneously allowed to testify via Zoom from Nantucket to bolster Prosecution witness… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
DUI, alleged prosecutorial burden-shifting
DUI: Felony conviction affirmed over claims by non-testifying Defendant of prosecutorial burden-shifting… Souza affirmed (memorandum). [Read more…]
Right to testify, sufficient basis for inference of waiver
RIGHT TO TESTIFY: Sufficient basis to infer that aggravated burglary defendant waived right when counsel rested without calling him… Whelan affirmed (memorandum). [Read more…]
Mitigated deliberate homicide, “disaster” of a case
MITIGATED DELIBERATE HOMICIDE: Cumulative errors including failure to disclose Brady phone evidence and violation of in limine order precluding drug reference in trial described by Judge as “a disaster” undermined claim of self-defense shooting such that new trial is warranted… Rieger reversed. [Read more…]
Assault on minor, plea agreement undercut by Prosecutor
ASSAULT ON MINOR: Plea agreement for deferred sentence for severe spanking of child entered into with first Prosecutor undermined by second Prosecutor’s disparaging comments… suspended sentence reversed, remanded with opportunity to substitute Judge… Knisely reversed (memorandum). [Read more…]
DUI, independent blood draw, confused advisories
DUI: Defendant not impeded from obtaining independent blood draw by confused advisories between supervisor and trainee… Halligan affirmed (memorandum). [Read more…]
Judicial conduct, criticism of counsel’s strategy
JUDICIAL CONDUCT: Judge’s criticism of Defense Counsel’s strategy was improper but did not compromise trial integrity… conviction of truck driver of criminal endangerment for driving along interstate with large paper rolls in danger of falling out after crash affirmed… Deschamps affirmed (memorandum). [Read more…]
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