REVOCATION: Sentence illegally extended by including probationary period of custodial sentence… Berger reversed. [Read more…]
Drugs, circumstantial evidence of possession
DRUGS: Sufficient circumstantial evidenced of possession of meth to support bench-trial conviction… Berger affirmed (memorandum). [Read more…]
Plea agreement, failure to preserve speedy trial
PLEA AGREEMENT: DUI Defendant failed to preserve denial of his motion to dismiss for lack of speedy trial… Berger affirmed. [Read more…]
DUI, stuck motor home, actual physical control
DUI: Conviction of Defendant found exiting stuck motor home affirmed… Berger affirmed (memorandum). [Read more…]
Double jeopardy, cross-counties police pursuit
DOUBLE JEOPARDY not violated by charges in 2 counties stemming from police pursuit… Berger affirmed. [Read more…]
Criminal endangerment, high-speed pursuit
CRIMINAL ENDANGERMENT: Lesser-included negligent endangerment properly denied driver in high speed pursuit… Berger affirmed. [Read more…]
Deliberate homicide, garage burglar shooting
DELIBERATE HOMICIDE: Jury properly instructed on justifiable force in defense of person in garage burglary shooting death, over Defendant’s claim that he raised only justifiable force in defense of occupied structure at trial… no abuse of discretion in refusing to move trial based on pretrial publicity… no abuse in refusing to remove panelist for cause based on marriage to a former policeman; no abuse in admitting Defendant’s assault of girlfriend… detective’s lay opinion as to blood spatter improperly admitted but harmless… conviction affirmed… McLean affirmed. [Read more…]
Overlength brief, deliberate homicide of student
OVERLENGTH BRIEF allowed in appeal of homicide of exchange student… order. [Read more…]
Intimidation, “not serious” bomb threat
INTIMIDATION: Conviction for “not serious” bomb threat affirmed… Townsend affirmed (IOR I-3(c)). [Read more…]
Forfeiture, Hummer/cash, murder/drugs suspect
FORFEITURE: Warrant to search Hummer purportedly owned by Washington murder/drugs suspect properly issued and executed… personal service of notice of forfeiture hearing not required when attorney received proper notice… seizure of Hummer and cash in tool box affirmed as to suspect… mother claiming co-ownership of Hummer not properly served, forfeiture of Hummer as to her reversed… Townsend affirmed, reversed. [Read more…]