INTIMIDATION: Materials offered in support of claim of wrongful conviction of sexual assault in 1995 properly excluded as irrelevant to charge of intimidation via 2016 letter to Marshals Service threatening mass murder if it failed to intervene… PFO enhancement improperly imposed based on concurrent failure to register prosecution… Ulbricht affirmed, reversed (IOR I-3(c)). [Read more…]
Deliberate homicide, accomplice instructions
DELIBERATE HOMICIDE: Claim of ineffective assistance for objecting to accomplice instruction because it would confuse the jury about who was on trial insufficiently developed for direct appeal… conviction affirmed… Allison affirmed. [Read more…]
Photo lineup, purse-snatcher, untimely challenge
PHOTO LINEUP: Challenge of purse-snatcher lineup waived by failure to show good cause for untimely motion… Ulbricht affirmed (other grounds) (IOR I-3(c)). [Read more…]
Drugs, contact with road rage motorcyclist
DRUGS: Particularized suspicion properly found to make contact with motorcyclist standing by his motorcycle at pub based on road rage report, drugs found in pocket in search incident to arrest on outstanding warrant properly seized. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]
Traffic “stop,” masturbating driver
TRAFFIC “STOP”: Officers had no reasonable particularized suspicion that driver of pickup parked at midnight in secluded area of open storage facility found masturbating with female companion observing had committed or was about to commit a crime, paraphernalia unlawfully seized… Wilson/Curtis reversed. [Read more…]
Protective order, indirect contact
PROTECTIVE ORDER violation supported by indirect contact with petitioner’s daughter at restaurant which disturbed her peace… Sullivan/Lympus affirmed (IOR I-3(d)). [Read more…]
Mental commitment, suicide attempts
MENTAL COMMITMENT to MSH properly based on suicide attempts, prior admissions… no error in proceeding immediately to dispositional hearing after finding disorder… no need to address constitutionality of §126(a)(d) “deterioration standard”… Ulbricht affirmed. [Read more…]
Mental commitment, noncompliance with meds
MENTAL COMMITMENT: Sufficient evidence that person was unable to provide for health & safety due to noncompliance with meds to support commitment… not necessary to address whether she would predictably deteriorate and become danger to herself [Read more…]
Debt collection, exemptions, FCRA
DEBT COLLECTION: Hearing on request for exemptions properly denied for failure to show applicability of exemption statute… FCRA claims improperly asserted in exemption proceeding… Sandefur affirmed. [Read more…]