PLEA AGREEMENT recommendation of deferred imposition for criminal endangerment not breached by Prosecutor’s concerns as to Defendant’s obvious poor performance/noncompliance/chemical issues which Judge found required commitment… court information surcharge improperly imposed per count… Jones affirmed, reversed. [Read more…]
Plea agreement, alleged breach by Prosecutor
PLEA AGREEMENT recommendation of deferred imposition for criminal endangerment not breached by Prosecutor’s concerns as to Defendant’s obvious poor performance/noncompliance/chemical issues which Judge found required commitment… court information surcharge improperly imposed per count… Jones affirmed, reversed. [Read more…]
Speedy trial, jail in concurrent case, 625 days
SPEEDY TRIAL claim of Defendant who bonded out of Yellowstone case but then held in BSB jail on unrelated charges rejected… Knisely affirmed. [Read more…]
Prosecutorial misconduct, presumption of innocence
PROSECUTORIAL MISCONDUCT: Closing comment that “the presumption of innocence that you came into this trial with no longer exists at this point” reversible error, theft conviction reversed, remanded for new trial… Menahan reversed. [Read more…]
PFMA, 2011 “opposite sex,” equal protection
PFMA: 2011 “opposite sex” violates equal protection, but statute stands with provision severed, conviction affirmed… Wilson/Ortley affirmed (other grounds). [Read more…]
Reckless driving, in-court ID
RECKLESS DRIVING: In-court ID of Black accused of road-rage assault was impermissibly/unnecessarily suggestive, but did not create substantial likelihood of misidentification… convictions affirmed… Baugh affirmed (other grounds). [Read more…]
Improper influence, criminal trespass
IMPROPER INFLUENCE/CRIMINAL TRESPASS: Lawyer not ineffective for failing to bring facial overbreadth challenge to improper influence statute… sufficient evidence that Defendant threatened officer with purpose to influence charging criminal trespass, but insufficient evidence to convict of trespass in store as unruly Defendant left upon being ordered to… prior confrontation with officer properly admitted… Pinski affirmed, reversed. [Read more…]
Restitution, stolen/wrecked car
RESTITUTION for wrecked car properly based on NADA rather than Kelley Blue Book… Olson affirmed. [Read more…]
Revocation, field warrant timing
REVOCATION: Field warrant faxed 36 hours before arrest complied with requirement of “within 12 hours of the probationer’s arrest”… Manley affirmed. [Read more…]
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