VIOLENT OFFENDER REGISTRATION properly imposed on Defendant who agreed to it in negligent homicide plea bargain even though negligent homicide not listed in registration statute… McLean affirmed (IOR 3(d)). [Read more…]
Drugs, CI hearsay
DRUGS: Convictions reversed, remanded for new trial, on AG’s concession that CI statements wrongly admitted through trial testimony of detectives… order. [Read more…]
Justifiable force, aggravated assault
JUSTIFIABLE FORCE: Plain error, ineffective assistance review declined on claim that jury should have been instructed as to [Read more…]
Drugs, critical stage clarification
DRUGS: Probation search of vehicle lawful… due process argument based on Art. II §17 v. federal law as to 6-months delay in discovery of patrol car video not preserved for [Read more…]
Sentencing, no medical marijuana condition
SENTENCING: Supervisory control of Larson over no medical marijuana sentencing condition denied… order. [Read more…]
Attempted tampering, alleged rape, fingers DNA
ATTEMPTED TAMPERING: Defendant did not make unambiguous request for counsel during interrogation despite several references to “lawyer,” suppression properly denied… [Read more…]
Sentencing, jail credit, parole “dead time”
SENTENCING: Defendant entitled to credit against new drug sentence of 224 days in jail from arrest to sentencing without regard to Parole Board decision that entire time on parole [Read more…]
Drugs, electronic monitoring, present-sense/opinion
DRUGS: Plain-error review denied as to applying Goetz warrantless electronic monitoring ruling… officer’s testimony that conversations he overheard between CI and Defendant were consistent with a drug deal were not present-sense impression under 803(1), but opinion under 701… Deschamps affirmed (other grounds). [Read more…]
Felony murder, chambers presence, burden
FELONY MURDER: Waiver of right to be present at chambers conference improperly made by lawyer rather than Defendant, State failed to demonstrate error harmless… conviction reversed, remanded for new trial… Larson reversed. [Read more…]