AGGRAVATED ASSAULT/PFO: Challenge to PFO designation, photos depicting mother’s injuries, rejected… Langton affirmed (IOR I-3(d)). [Read more…]
Abscondence, revocation, probation credit
ABSCONDENCE/REVOCATION: Defendant not entitled to probation credit during time on run… no plain error review or remand for hearing into circumstances of 8-year abscondence… fines/fees in original sentence properly “reimposed” in revocation judgment [Read more…]
DUI, sleeping driver, missing key
DUI: Sufficient direct and circumstantial evidence that person found asleep or passed out in vehicle on side of road was in “actual physical control” although key nowhere in sight… Langton affirmed (IOR I-3(d)). [Read more…]
Sanctions, $116,459, Rule 11, floodplain violations
FLOODPLAIN/SANCTIONS: $116,459 Rule 11 sanctions awarded County for unnecessary expenses for investigating/enforcing homebuilders’ unpermitted fill in floodplain in face of repeated denials, defending against suit [Read more…]