AGGRAVATED BURGLARY: Conviction for entering house and climbing atop sleeping woman affirmed over speedy trial and instruction challenges… sentence based on incorrect information… Whelan affirmed, reversed. [Read more…]
Child porn, multiple convictions/images, 1 computer
CHILD PORNOGRAPHY: Multiple convictions permissible for possession of multiple images discovered on the same computer on same day… 3 counts are not included within offense charged in Count 1, 4 separate convictions affirmed… Newman affirmed. [Read more…]
Ineffective assistance, no objection to past conduct
INEFFECTIVE ASSISTANCE: Failure to object to evidence of past criminal conduct by homicide Defendant more amenable to postconviction… Newman affirmed. [Read more…]
Speedy trial, 375 days, robbery
SPEEDY TRIAL claim properly rejected based on 375 days of delay with 14 to robbery Defendant and the rest as institutional to the State… claim that attorney was ineffective for waiving speedy trial hearing more amenable to postconviction…. Newman affirmed. [Read more…]
Justice conflict, brother of deputy CA
JUSTICE CONFLICT: Justice Shea initially joined the Opinion in State v. Maloney which affirmed Judge Krueger’s rejection of Patrick Maloney’s speedy trial claims. [Read more…]
Speedy trial/speedy sentencing
SPEEDY TRIAL/SPEEDY SENTENCING claims properly denied, although analysis was rendered incorrect by Betterman… Krueger affirmed (other grounds). [Read more…]
TOP dismissal, appealability
TEMPORARY ORDER OF PROTECTION dissolution by Dayton not appealable until other pending issues including parenting plan are resolved… appeal fees denied. [Read more…]