RAPE: “Compelled” testimony from 1st trial on same charge properly admitted at 2nd trial… Allison affirmed. [Read more…]
Plea agreement, ambiguous, nolo withdrawal
PLEA AGREEMENT: Ambiguity to be construed in favor of Defendant… agreement could be interpreted as either §211(1)(b) or (c), ambiguity construed in favor of (b) allowing withdrawal of nolo arson plea upon rejection of agreement by Judge… Allison reversed. [Read more…]
Aggravated assault, wife’s recantation, jeopardy
AGGRAVATED ASSAULT/BURGLARY/ENDANGERMENT: Sufficient evidence of aggravated assault in domestic dispute, elements not improperly combined to accumulate proof, jury properly considered wife’s recanted testimony in light of corroborated prior statements… sufficient evidence that Defendant [Read more…]