POSTCONVICTION: Victim’s latent recollection that he swerved his bike in front of Defendant’s van rather than Defendant running him down not “newly discovered evidence” of “actual innocence” of attempted mitigated homicide. . . counsel not ineffective for not interviewing victim based on belief that he had no recollection. . . Larson affirmed. [Read more…]
Postconviction, trial-related claims, IAC
POSTCONVICTION claims properly rejected without response or hearing except as to PFO issue… Deschamps affirmed, reversed. [Read more…]
Sex offender address, jury challenge, jury query
SEX OFFENDER ADDRESS: Claim of ineffective assistance for not challenging for cause panelist who was concerned about Defendant not testifying more amenable to postconviction… jury query as to whether detective actually went to motel room or just checked at office when looking for Defendant properly responded to with partial trial transcript… fines/fees illegally imposed in judgment when not in pronouncement… sex offender designation illegally imposed on failure to notify of change of address… Larson affirmed, reversed. [Read more…]
Robbery accountability, getaway driver
ROBBERY ACCOUNTABILITY: Jury properly instructed on accountability of Defendant who drove car to store where friend shot clerk, then drove car away… sufficient evidence to go to jury… amount of restitution for clerk’s future medicals improperly referred to Parole/ Probation… Judge not required to explain [Read more…]
Sentencing, theft, sex offender conditions
SENTENCING: Judgment improperly omitted stay of restitution as pronounced orally… sex offender designation improperly imposed for theft… sex conditions improperly imposed based on rape conviction which was reversed and dismissed on remand, remanded for reconsideration of nexus… McLean reversed (IOR I-3(d)). [Read more…]
DUI/speedy trial, out-of-gas car, driver
DUI/SPEEDY TRIAL: Challenge of dismissal without de novo review of Justice Court record as to speedy trial claim not preserved for appeal… sufficient evidence to convict driver of car found parked while driver went for gas… Deschamps affirmed (IOR I-3(d)). [Read more…]
Assault with weapon, DNA, waiver of counsel
ASSAULT WITH WEAPON: Lab scientist properly allowed to present DNA evidence… insufficient support for excusing Clerk of Court employee for cause… no abuse of discretion in finding knowing [Read more…]
Plea withdrawal, nolo to online chat sting
PLEA WITHDRAWAL: Claim that nolo plea not authorized in sex cases waived by failure to raise below… claim of coerced plea in online chat sting properly rejected… McLean affirmed (IOR I-3(d)). [Read more…]
Instructions, general “knowingly”/”purposely”
JURY INSTRUCTIONS: Jury sufficiently understood general “knowingly”/”purposely” instructions to convict of robbery, sexual assault, rape, attempted kidnap, tampering… Larson affirmed (IOR I-3(d)). [Read more…]
Rape, reversed past convictions, violent victim
RAPE: Criminal history including convictions which had been reversed for legal error precluded fair trial despite ample admissible evidence of guilt, conviction reversed, remanded for retrial… McLean reversed. [Read more…]