ASSAULT ON OFFICER: Speedy trial right not violated by 511 days delay, most of which was caused by fitness evaluation… no error in instructing on resisting arrest when Defendant was not charged with resisting… first-aggressor instruction properly given on justifiable force… conviction affirmed… Allison affirmed. [Read more…]
Failure to register, alleged hearsay
FAILURE TO REGISTER: Sufficient evidence to convict regardless of alleged hearsay error… Ulbricht affirmed (memorandum). [Read more…]
Attempted sex assault/aggravated assault, double jeopardy
ATTEMPTED SEXUAL ASSAULT/AGGRAVATED ASSAULT convictions of obstreperous Defendant via mid-trial plea agreement affirmed over double jeopardy challenge… jury costs improperly imposed without addressing ability to pay… Ulbricht affirmed, reversed. [Read more…]
Supervision discharge, sexual assault Defendant
SUPERVISION DISCHARGE motion by sexual assault Defendant properly denied… Ulbricht affirmed (memorandum). [Read more…]
Waiver of counsel, awareness of PFO penalties
WAIVER OF COUNSEL: Counsel intelligently waived as robbery Defendant knew risks and was advised of potential PFO-enhanced penalties and sentenced well within range… Eddy affirmed. [Read more…]
Fitness, alleged improper delay past 90-day timeframe
FITNESS: Court did not lose jurisdiction when fitness not reviewed within 90 days of commitment order (jurisdictional v. procedural deadlines elucidated), dismissal of charges not warranted by untimely claim of improper delay past 90-day timeframe… Ulbricht affirmed. [Read more…]
Revocation, “firearms” not tested for operability
REVOCATION: Defendant found with revolver and sawed-off shotgun in vehicle properly found in violation of no-firearm condition despite the firearms not being tested for operability as definition of “firearm” “turns on what the weapon is designed to do, not on whether it is capable of doing its job at the particular moment”… Ulbricht affirmed (memorandum). [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…]
DUI, independent blood test, not “unreasonably impeded”
DUI: Defendant not “unreasonably impeded” from obtaining independent blood test… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Restitution, retail v. wholesale hardware store items
RESTITUTION for hardware store burglaries properly awarded as requested over unpreserved issue of retail v. wholesale values… Eddy affirmed (IOR I-3(c)). [Read more…]