SENTENCING: Defendant entitled to additional 780 days served credit in one concurrent case and 651 in the other upon revocations… Harris reversed… orders. [Read more…]
Drugs, illegal pat-down, consented vehicle search
DRUGS: Pipe with meth residue illegally seized in pat-down after community caretaker investigation of known drug-related car stuck in snow in high-crime area, but meth properly seized in subsequent consented vehicle search, not invalidated by exclusionary rule vis-à-vis illegal pat-down… but unclear factual basis for plea-agreement requires remand for trial or new plea… Fehr affirmed, reversed. [Read more…]
Revocation, jail violations while “on supervision”
REVOCATION: Defendant who was released from MSP to begin serving time on deferred sentence for criminal mischief and suspended part of intimidation sentence was on supervision when he committed non-compliance violations in jail in violation of terms of supervision, sentences properly revoked… Souza affirmed (IOR I-3(c)). [Read more…]
Sentencing, 1st-time drugs, PFO mandatory exception
SENTENCING: Counsel’s failure to point out ASA and case law allowing for departure from mandatory minimum for PFO was ineffective assistance that precluded possibility of deferred or reduced sentence for 1st-time drug Defendant. . . prison sentence reversed. . . Knisely reversed. [Read more…]
Sentencing, suspended vis-à-vis unrelated federal
SENTENCING: Previously suspended sentence improperly ordered consecutive to unrelated federal sentence. . . original sentence for endangerment by a PFO within statutory parameters. . . Moses affirmed, reversed. . . Watters affirmed (IOR I-3(c)). [Read more…]
Failure to register, “additional” address
FAILURE TO REGISTER: Violent offender properly convicted over claim that he was not required to register at “additional” address without being asked… Judge commended for patience… Baugh affirmed (IOR I-3(c)). [Read more…]
Revocation, new sex offender conditions
REVOCATION: 14 new sex offender conditions imposed at 2012 revocation under 1991 amendment as made retroactive by 2001 amendment and applied to 1988 offense are not punitive in nature, not ex post facto… Todd affirmed. [Read more…]
Drugs, tail light stop, search, inevitable discovery
DRUGS/SEARCH & SEIZURE: Tail light stop properly enlarged by driver’s behavior… search of fanny pack illegal but meth would [Read more…]
Silence, pre-Miranda DUI statements
SILENCE: Prosecutor’s cross/arguments properly focused on pre-Miranda statements at DUI scene to show inconsistencies with [Read more…]
Drugs, probation evidence
DRUGS: Evidence of Defendant’s probation intervention hearing/sanctions improperly admitted without Just notice… possession conviction reversed, remanded for new trial… Fagg reversed. [Read more…]