CHILD PORNOGRAPHY: Suppression of pornography found by private group home manager on resident’s devices properly denied… Reynolds affirmed. [Read more…]
Attempted rape, Courthouse lawn sex, intoxicated
ATTEMPTED RAPE: Evidence of mens rea of Courthouse lawn sex with unconscious woman sufficient for conviction even without questionable video testimony by witnesses… Larson affirmed (memorandum). [Read more…]
Child incest, encouraging stepson to touch breasts
CHILD INCEST: Defense’s request to interview children properly denied… fair trial of stepmother accused of encouraging stepson to touch her breasts not violated by State’s failure to lodge forensic interviews of children from a different case involving Defendant’s husband… plain error review of failure to give specific unanimity instruction in light of conviction on 1 count and acquittal on 1 count declined… conviction affirmed… Olson affirmed. [Read more…]
Revocation, “non-compliance” protection order violation
REVOCATION: Defendant’s deferred misdemeanor sexual assault sentence properly revoked for “non-compliance” violation by driving within no-go zone of order of protection even though he was acquitted of violating the order… Pope not manifestly wrong or distinguishable… until Legislature remedies the confusing omission of misdemeanor revocation processes courts must derive their authority to revoke misdemeanor sentences from §46-18-203(7)(a)(iii) (2017)… Jenks/Vannatta affirmed. [Read more…]
Child sex abuse, indecent exposure to minor, statute dates
CHILD SEX ABUSE: Attorneys were ineffective by failing to challenge the statutory basis for indecent exposure to minor when the statute did not go into effect until after one of the alleged incidents occurred… ex post facto application of statute for sexual abuse of children also requires reversal, remand for new trial… Spaulding reversed. [Read more…]
Sentencing, failure to advise Judge of ASA deferral
SENTENCING: Attorney was ineffective in failing to direct Judge to possible deferred drug sentence under ASA, remanded for new sentence hearing… Oldenburg reversed. [Read more…]
Deliberate homicide, dispute as to shooter, warrants
DELIBERATE HOMICIDE: Conviction in trial that turned on who shot victim affirmed over challenges to evidence derived from warrants for residence, vehicles, phone, computer… Cuffe affirmed (memorandum). [Read more…]
Sentencing, gang rape, “two or more persons convicted”
SENTENCING: By stipulation, gang rape Defendant to be resentenced without the “two or more persons convicted” enhancement, Defendant arguing enhancement not applicable because adjudication of juvenile co-defendant did not constitute “convicted”… order. [Read more…]
Privacy in Communications, threatening/obscene calls
PRIVACY IN COMMUNICATIONS: Convictions for threatening/obscene calls affirmed over challenges to constitutionality of statute, threats to other than recipient, jurisdiction as to call to New York, instructions on elements not in charges… Eddy affirmed. [Read more…]
Sentencing, counsel’s erroneous statutory representations
SENTENCING: Defense counsel’s erroneous representation that Judge could not continue deferred sentence with additional treatment conditions constituted ineffective assistance requiring remand for resentencing… McMahon reversed (IOR I-3(c)). [Read more…]