DELIBERATE HOMICIDE: Security footage capturing Defendant placing large heavy object in truck following ex-girlfriend’s disappearance properly allowed into jury deliberations… conviction of killing her affirmed… Fehr affirmed. [Read more…]
Deliberate homicide, Prosecutor re local drug culture
DELIBERATE HOMICIDE: Prosecutor’s opening and closing comments about local drug culture not misconduct in light of underlying drug issues involving Defendant and eyewitness… some ineffective assistance claims rejected, others more proper for postconviction… conviction affirmed… Souza affirmed. [Read more…]
Sex assault of minor, ineffective assistance claims
SEXUAL ASSAULT OF MINOR: Ineffective assistance claims properly rejected… Knisely affirmed (IOR I-3(c)). [Read more…]
Rape, juror bias, other acts, speedy trial
RAPE/SEXUAL ASSAULT/TAMPERING: Failure to object to continued participation of juror who knew Prosecutor resulted in waiver of issue on appeal, lawyer not ineffective in handling juror issue… other acts properly admitted, limiting instruction timing [Read more…]
Plea withdrawal, sex treatment conditions
PLEA WITHDRAWAL: Incest Defendant’s challenges to sex treatment conditions as exceeding plea agreement rejected… Watters affirmed (IOR I-3(d)). [Read more…]
Burglary/attempted rape/sentencing, PFO
BURGLARY/ATTEMPTED RAPE/SENTENCING: Sentences based on PFO replace sentence for underlying felony, PFO may be sentenced to maximum on each charge, Gaither overruled, Defendant properly sentenced to both life for attempted rape and 100 years as PFO for burglary… sufficient evidence of [Read more…]
Rape/search & seizure, consent, laptop/garage
RAPE/SEXUAL ASSAULT/SEARCH & SEIZURE: Girlfriend properly consented to search of Defendant’s items in garage of house he shared which was rented only in her name… child pornography including images of sex with girlfriend’s daughter found on computer by federal warrant [Read more…]
Sentencing, therapeutic polygraph condition
SENTENCING: Therapeutic polygraphing properly imposed on rape defendant… alcohol condition improper… Baugh affirmed, reversed. [Read more…]
Kidnap/sexual assault
KIDNAP/SEXUAL ASSAULT: Testimony suggesting victim previously lied about being pregnant properly excluded as irrelevant and improper character attack… objection to deposition of victim moot as she testified at trial and deposition not introduced… parole restriction properly based [Read more…]