FRANKS hearing for deliberate homicide probable cause affidavit properly rejected, supervisory control of Menahan denied… order. [Read more…]
Rape, single-person voice ID, venue
RAPE: Sufficient totality of evidence to convict serial rapist despite inherently unreliable single-person voice ID, venue change for pre-trial publicity properly denied… convictions affirmed… Fagg affirmed. [Read more…]
Investigatory stop, walking toward vacant house
INVESTIGATORY STOP: Officer had particularized suspicion to stop persons walking toward vacant house under suspicious circumstances, meth later found in patrol car properly not suppressed… Fagg affirmed. [Read more…]
Assault with weapon, cross-racial IDs
ASSAULT WITH WEAPON: Plain error review declined as to failure to immediately assign counsel… instructions as to reliability of cross-racial IDs vis-à-vis which of 2 blacks was shooter properly [Read more…]
Aggravated assault, shaken baby “channeling”
AGGRAVATED ASSAULT: Dismissal/new trial not warranted by Medical Examiner’s disclosure to State of communications with Defense as to concerns about State’s proposed child abuse expert, alleged cumulative witnesses as to injury extent/cause, victim [Read more…]
Sentencing, recommended v. imposed
SENTENCING: Defendant failed to object to conditions which he now questions whether recommended or imposed… recommended conditions are non-binding… Fagg affirmed (IOR I-3(d)). [Read more…]
Rape, juror bias, other acts, speedy trial
RAPE/SEXUAL ASSAULT/TAMPERING: Failure to object to continued participation of juror who knew Prosecutor resulted in waiver of issue on appeal, lawyer not ineffective in handling juror issue… other acts properly admitted, limiting instruction timing [Read more…]
Ineffective assistance, failure to request parole
INEFFECTIVE ASSISTANCE not established by failure to request exception to minimum parole restriction for rape of boy… Baugh affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, parole conditions v. recommendations
SENTENCING: Parole conditions should be recommended, not mandatory… statutorily mandated DNA testing, supervision [Read more…]