THEFT charge not supported by sufficient evidence, should have been dismissed at conclusion of evidence… Parker reversed (memorandum). [Read more…]
Drugs, Crime Lab meth thief, chain of custody
DRUGS: Cross of Crime Lab chemist as to involvement of predecessor who was discharged for stealing meth would have been proper under hearsay exception, but mere speculation about possible contamination under chain of custody law insufficient to require it… meth conviction affirmed… Kutzman affirmed. [Read more…]
Incest, prior “playing horsey” accusation
INCEST: 5-year-old’s statement that she saw her mother and mother’s boyfriend “playing horsey” properly rejected in Mazurek hearing as prior accusation of sexual misconduct… father’s conviction in re-trial affirmed… Kutzman affirmed (memorandum). [Read more…]
Sentencing, 2016 SIWC, pre-17 statute
SENTENCING: Defendant who committed SIWC in 2016 properly sentenced under pre-17 statute… Pinski affirmed (memorandum). [Read more…]
Search & seizure, field test of claimed diabetic syringe
SEARCH & SEIZURE: Field test of residue in claimed diabetic’s syringe lawfully seized pursuant to a search incident to traffic stop arrest and which tested meth did not constitute a search necessitating a warrant… Pinski affirmed. [Read more…]
Postconviction, “accidental” touch of child’s vagina
POSTCONVICTION PETITION of Defendant who claims he accidentally touched vagina of 10-year-old while “playing game” by throwing her onto a couch properly denied… Judge referring to Defendant as “street thug” not perjurious or evidence of personal bias… plea-bargained criminal endangerment (with underlying incest facts) supported by actions of throwing the child… Pinski affirmed (IOR I-3(c)). [Read more…]
Rape, insufficient nexus for no contact with minors
RAPE: Insufficient nexus to impose probation restrictions on contact with minors… Kutzman reversed. [Read more…]
Plea agreement, withdrawal v. enforcement
PLEA AGREEMENT/IAC: Standoff Defendant who elected to withdraw plea not entitled to specific performance of agreement… reason for not pursuing speedy trial motion not apparent on record, IAC claim more amenable for postconviction… Neill affirmed. [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…]
Accomplice liability, assault on minor
ACCOMPLICE LIABILITY instruction properly refused as to testimony by girlfriend’s uncle & aunt in case against boyfriend for injuries to girlfriend’s child… Pinski affirmed. [Read more…]