CCJI MISUSE: Supervisory control granted ordering dismissal for lack of probable cause charges stemming from attorney’s submission of a modified CCJI request form… Herrington reversed. [Read more…]
Rape, “dog-whistle” racism, black Defendant
RAPE/KIDNAP: Claim of “dog-whistle racism” in prosecution of black Amtrak attendant for attack of “southern ladies” not established for plain error review… trial counsel not ineffective… costs improperly imposed… Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
Deliberate homicide, intellectually disabled
DELIBERATE HOMICIDE: Intellectually disabled who kidnapped and murdered jogger properly found competent when he pled guilty, properly found to appreciate his behavior and able to conform to the law and thus not error to sentence to MSP rather than DPHHS, prison sentence not violative of cruel/unusual punishment… Simonton affirmed. [Read more…]
Judicial estoppel, 2 Defendants, different charges
JUDICIAL ESTOPPEL not bar to deliberate homicide charge where girlfriend plea-bargained to conspiracy to mitigated deliberate by accountability based on same facts/victim… Simonton affirmed (IOR I-3(c)). [Read more…]
Postconviction, child rape, ineffective assistance
POSTCONVICTION: 8 IAC claims by child rape Defendant rejected as raised 1st time on appeal, 5 rejected for failure to establish alleged facts… Newman affirmed (IOR I-3(c)). [Read more…]
Sexual assault, uncharged prior, sentencing
SEXUAL ASSAULT: Uncharged sexual assault properly admitted to show timeline of report of charged assault… evidence suggesting physical abuse by husband of one alleged victim years after alleged sexual assault properly excluded… written/oral sentencing inconsistencies remanded for correction… Boucher affirmed, reversed. [Read more…]
Rape, child accuser, prosecutorial misconduct, IAC
RAPE: Plain error review of Prosecutor’s comments on witness credibility, characterizing 12-year-old accuser as truthful and defense witnesses as liars and low-lifes, declined… claim of [Read more…]
Appeal, nolo plea without reserving issues
APPEAL: Probable cause challenge waived by nolo plea without reserving right to appeal… probable cause not jurisdictional [Read more…]