PROBATION SEARCH: Gun-drawn warrantless entry into probationer’s apartment, handcuffing him, leaving him sitting naked on bed for 30 minutes with bag of suspected meth properly held lawful… suppression of meth properly denied… Allison affirmed. [Read more…]
Restitution, murder victim’s father’s trial expenses
RESTITUTION: Murder victim’s father’s affidavit of loss is unclear what part of his restitution sought is attributable to expenses incurred while subpoenaed as trial witness and for which the County would be responsible… remanded for clarification… Allison reversed. [Read more…]
Revocation, “firearms” not tested for operability
REVOCATION: Defendant found with revolver and sawed-off shotgun in vehicle properly found in violation of no-firearm condition despite the firearms not being tested for operability as definition of “firearm” “turns on what the weapon is designed to do, not on whether it is capable of doing its job at the particular moment”… Ulbricht affirmed (memorandum). [Read more…]
Revocation, absconding by failure to report
REVOCATION: Drug Defendant properly found to have absconded by failing to report… Wilson affirmed. [Read more…]
Hung jury, manifest necessity murder mistrial
HUNG JURY: Mistrial properly declared in murder case after jury deadlocked at 11-1 for acquittal and requests for “clarification” of instructions were declined… retrial rather than dismissal properly ordered… supervisory control of Allison denied. [Read more…]
DUI, circumstantial “reasonable interpretation”
DUI: Circumstantial “reasonable interpretation” instruction did not relieve State of burden in light of instructions as a whole. . . counsel costs improperly imposed on low-income Defendant. . . Ortley affirmed, reversed. [Read more…]
Restitution, hardship
RESTITUTION: Remission of restitution for hardship properly denied… Allison affirmed (IOR I-3(c)). [Read more…]
$618,816 restitution, motorcycle accident victims
RESTITUTION: $618,816.41 properly awarded to motorcycle accident victims… Allison affirmed. [Read more…]
Judge disqualification, timeliness requirement
JUDGE DISQUALIFICATION: De novo review adopted for denial of recusal request… timeliness requirement adopted for claim of disqualification that can be waived under CJC 2.12(c), claim of bias or prejudice cannot be waived and thus timeliness requirement not applicable to bias or prejudice, claim of knowledge of facts in controversy acquired from prior representation of client in separate but related matter subject to timeliness requirement… claim for disqualification of sentencing judge who represented SVORA Defendant’s daughter in abuse/neglect case in which Defendant was accused of incest subject to timeliness requirement, waived by counsel’s apparent tactical decision to not seek disqualification… Allison affirmed. [Read more…]
Restitution, victim’s affidavit
RESTITUTION properly based on victim’s affidavit… Ulbricht affirmed (IOR I-3(d)). [Read more…]