PROSECUTOR DISQUALIFICATION: Supervisory control denied of J. Brown’s order disqualifying “necessary witness” Prosecutor who met with underage sex victim who changed story about her age… order. [Read more…]
Postconviction, newly discovered evidence
POSTCONVICTION petition untimely, evidentiary hearing not required because Petitioner failed to present newly discovered evidence, request for appointed counsel properly denied… J. Brown affirmed (IOR I-3(d)). [Read more…]
Procedure, default judgment, late State’s brief
PROCEDURE: Defendant not entitled to default for State’s late brief… Salvagni affirmed (IOR I-3(d)). [Read more…]
Rape, prosecutor comments, “incapable of consent,”
RAPE: Prosecutor’s opening & closing comments on credibility of accuser and accused, reference to sidestepping on direct, and invocation of God insufficient for plain error review, failure to object not ineffective assistance… “incapable of consent” theories not impermissibly changed from sleep to sleep or intoxication… conviction affirmed… J. Brown, affirmed. [Read more…]
PFMA, in absentia trial, pro se
PFMA: Challenges to sufficiency of waiver as to trial in absentia, denial of right to proceed pro se, not preserved for appeal… J. Brown affirmed (IOR I-3(d)(v)). [Read more…]