SIWC conviction upheld over challenge to preclusion of victim’s sexual history and rape reports… probation conditions restricting contact with minors reversed… Parker affirmed, reversed. [Read more…]
Theft, hearsay texts improperly admitted as to value
THEFT: Hearsay text messages improperly admitted to prove value of property taken from storage unit, conviction of theft of property valued at over $1,500 but less than $5,000 reversed, remanded for new trial… Best reversed. [Read more…]
Plea agreement breached, failure to cooperate with PSI
PLEA AGREEMENT materially breached by failure to cooperate with PSI, State justified in recommending harsher sentence… Kutzman affirmed (memorandum). [Read more…]
Sentencing, PSI for non-sex/violent misdemeanors
SENTENCING: PSI erroneously ordered for 2 misdemeanors when neither was originally charged as sexual or violent… Grubich reversed. [Read more…]
Felony murder, defense verdict, stabbing death
FELONY MURDER: Defense verdict, stabbing death. [Read more…]
Assault with weapon, hearsay objections, time-served
ASSAULT WITH WEAPON: Conviction affirmed under harmless error analysis of hearsay objections… credit for time served improperly reduced by incarceration on another matter… Parker affirmed, reversed. [Read more…]
Sentencing, credit for time on another offense
SENTENCING: Credit improperly denied for incarceration on another offense… supervisory conditions improperly imposed on unsuspended sentence… Oldenburg reversed. [Read more…]
Child incest, alleged prior “false accusation,” rape shield
CHILD INCEST: Child’s prior statements regarding alleged “false accusation” of sexual assault properly excluded under rape shield balancing… not clear whether “playing doctor” and “sleeping” with cousin when both were 5 were sexual… conviction of sexual abuse of granddaughter affirmed… Best affirmed. [Read more…]
Contempt, failure to accept Defendant for fitness rehab
CONTEMPT: Indirect contempt for MSH failing to immediately accept criminal defendant for fitness rehab with $500/day sanction reversed… Kutzman reversed. [Read more…]
Plea agreement, pretrial custody infractions
PLEA AGREEMENT: Pretrial custody infractions properly considered “additional crimes,” State entitled to revise sentencing recommendation… Larson affirmed (memorandum). [Read more…]