COMPETENCY: Involuntary medication properly ordered to bring delusional homicide defendant to fitness to proceed… petition for supervisory control considered as petition for injunction in light of both factual and legal issues… Seeley affirmed. [Read more…]
Incest, claim of mistaking 11-year-old with ex-wife
INCEST: Conviction of sexual contact with 11-year-old daughter affirmed over claim of mistakenly thinking in semi-conscious state that she was his ex-wife… Gilbert affirmed (IOR I-3(c)). [Read more…]
Bail jumping, bounty hunter’s negative comment
BAIL JUMPING: Bounty hunter’s unsolicited comment that former polygamist “more or less devoted his entire life to indoctrinating and brainwashing his family” insufficiently prejudicial to warrant mistrial. . . McMahon affirmed (IOR I-3(c)). [Read more…]
Work comp theft, “were they lying?”, $70.680.34
WORK COMP THEFT: Ineffective assistance claims including failure to object to Prosecutor’s “were they lying?” rejected. . . wage garnishment properly admitted as probative of motive to stage “accident”. . . $70,680.34 restitution for faked claim properly imposed. . . Seeley affirmed. [Read more…]
Work comp theft, TTD termination procedures
WORK COMP THEFT not related to TTD termination process… conviction affirmed… Sherlock affirmed. [Read more…]
Youth, rape of intoxicated girls, District Court
YOUTH accused of raping 2 intoxicated girls properly processed in District Court, but sentence should have provided for sentence review… Pinski affirmed, reversed. [Read more…]
Child rape/sex assault, jury trial for not admitting
CHILD RAPE/SEXUAL ASSAULT: Continuance due to late disclosure properly denied… mistrial properly denied as to Prosecutor’s comments about necessity of jury trial… Defense Counsel rapped for suggesting that male jurors would appreciate how impossible it is to undress a woman who is resisting… Newman affirmed. [Read more…]
$1,001,000 settlement, land access dispute death
SETTLEMENT: $1,001,000, land access dispute death. [Read more…]
Negligent homicide, late-discovered witness
NEGLIGENT HOMICIDE: Late-discovered material witness properly permitted to testify… sufficient evidence that decedent’s death resulted from Defendant failing to render aid after running over him and leaving him immobile in sub-0 weather… Cybulski affirmed. [Read more…]
PFMA/procedure, conviction reversal, State appeal
PFMA/PROCEDURE: State not barred by double jeopardy from appeal of District Court reversal of JP Court conviction… sufficient [Read more…]