YOUTH COURT exceeded authority in imposing new disposition at conclusion of transfer hearing… Seeley reversed. [Read more…]
Youth, sex abuse of children, District v. Youth Court
YOUTH: Sex abuse of children case properly maintained in District Court instead of transferring to Youth Court… Seeley affirmed. [Read more…]
Sexual assault, discovery of therapist’s records
SEXUAL ASSAULT: Girls’ therapist’s records properly excluded following in camera review by Judge and also — because they recanted at trial — by the Supreme Court’s in camera review… dismissal of panelist who expressed view that alleged victims tend to be credible but that he would follow instructions properly denied… conditions improperly included in judgment that were not in pronouncement… Menahan affirmed, reversed. [Read more…]
Child sex abuse, testimony v. forensic interview
CHILD SEX ABUSE: Why Defense Counsel allowed child’s prior consistent statements from forensic interview into evidence without challenge not fully apparent from record, not reviewable on direct appeal… conviction affirmed… Reynolds affirmed. [Read more…]
Plea withdrawal, Defendant turned 18 during SIWC
PLEA WITHDRAWAL properly denied Defendant who turned 18 during period of admitted SIWC with 4-year-old… Seeley affirmed (IOR I-3(c)). [Read more…]
Sexual assault of child, 6-6 jury dynamite instruction
SEXUAL ASSAULT OF CHILD conviction affirmed over challenges to territorial jurisdiction, prosecutorial conduct, 6-6 jury dynamite instruction… McMahon affirmed (IOR I-3(c)). [Read more…]
Parental termination, adopted Ukrainian children
PARENTAL TERMINATION: Rights to adopted Ukrainian children properly terminated… Father’s 5th Amendment right against self-incrimination not violated by being required to admit that he physically abused the children in order to complete treatment plan… Menahan affirmed (IOR I-3(c)). [Read more…]
Parental termination, “non-offending” father
PARENTAL TERMINATION: Rights of “non-offending” father properly terminated over claims of lack of jurisdiction, ineffective assistance… Reynolds affirmed. [Read more…]