DELIBERATE HOMICIDE: Conviction of decapitation affirmed over speedy trial and prison video testimony challenges… Todd affirmed (memorandum). [Read more…]
Deliberate homicide, decapitation, speedy trial
DELIBERATE HOMICIDE: Conviction of decapitation affirmed over speedy trial and prison video testimony challenges… Todd affirmed (memorandum). [Read more…]
Speedy trial, 2 trials, 861 days, deliberate homicide
SPEEDY TRIAL: 671 days of total 861 properly attributed to deliberate homicide Defendant convicted in 2nd trial following reversal of 1st, speedy trial claim properly denied… Todd affirmed. [Read more…]
Postconviction, crime staged to implicate deputy
POSTCONVICTION claims of Defendant who was convicted of staging a crime scene to implicate a deputy properly rejected without hearing… Wald affirmed (IOR I-3(c)). [Read more…]
DUI, cutting off speeding troopers
DUI: Driver who changed into right lane in front of speeding MHP car properly stopped for unsafe lane change. . . Troopers’ speeding has no bearing on whether Defendant properly changed lanes. . . suppression/dismissal of DUI properly denied. . . Souza affirmed (IOR I-3(c)). [Read more…]
Tampering, detective framed for staged arson
TAMPERING: Defendant’s prior involvement with Detective whom he was accused of framing for staged arson properly admitted for context. . . convictions for tying door shut and planting knife with detective’s name “included” in each other, counsel ineffective for failing to raise multiple conviction statute resulting in 2 sentences of 10 years each instead of 1, remanded for re-sentencing. . . Jones affirmed, reversed. [Read more…]
Rape, 25-year parole restriction under Jessica’s Law
RAPE: 25-year parole restriction under Jessica’s Law properly imposed on “guilty but mentally ill” DPHHS commitment. . . Fagg affirmed (IOR I-3(c)). [Read more…]
Deliberate homicide, sole eye-witness meth use
DELIBERATE HOMICIDE: Evidence of meth use by sole eye-witness should have been allowed to potentially impugn her perception of the event and for impeachment of her credibility, conviction reversed, remanded. . . “first aggressor” instruction properly given along with justifiable force instruction. . . failure to locate gun insufficient to support tampering. . . Knisely affirmed, reversed. [Read more…]
Double jeopardy, aggravated assault, felony PFMA
DOUBLE JEOPARDY not implicated by prosecution for aggravated assault after guilty plea to felony PFMA was vacated… Todd affirmed. [Read more…]
DUI, speedy trial, community caretaker, PFO
DUI: Speedy trial claim (465 days) properly rejected… officers properly found to have responded to 911 call to check on welfare [Read more…]