PLEA WITHDRAWAL: Erroneous commitment to “MPC” rather than “DOC” per plea agreement was properly corrected factual error, not basis for withdrawal… Knisely affirmed (IOR I-3(d)). [Read more…]
Animal cruelty, “possession” of horses
ANIMAL CRUELTY: Sufficient evidence that horses were in Defendant’s “custody” following foreclosure… conviction affirmed… Watters affirmed (IOR I-3(d)). [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…]
Sexual assault, postconviction DNA, eyewitness
SEXUAL ASSAULT: Postconviction DNA testing properly denied in light of strong eyewitness testimony of assault of child… §46-21-110(5)(3) does not authorize testing of previously untested persons or comparison of newly obtained DNA with federal [Read more…]
Statutory rape, mandatory minimum
STATUTORY RAPE: 15 years, all but 31 days suspended, following revocation of deferred prosecution due to failure to comply with sex treatment statutorily inadequate for teacher who had sex with student, at least 2 years of 4-year minimum required… [Read more…]
Sentencing/search/seizure, 3-strikes enhancement
SENTENCING/SEARCH & SEIZURE: Jury determination of prior convictions not required for 3-strikes enhancement… probable cause to seize binder & notebooks based on plain view of contents during 1st authorized search… homicide/robbery convictions and life without parole [Read more…]
Sentencing, sex treatment, burglary defendant
SENTENCING: Sex treatment and limitations on sexual materials properly imposed on burglary defendant who [Read more…]
Judge substitution after recusal, postconviction
JUDGE SUBSTITUTION: When sentencing judge recuses from postconviction proceedings parties may move for substitution [Read more…]
Failure-to-remain statute constitutionality
FAILURE-TO-REMAIN statute not unconstitutionally vague facially or as applied… supervisory control granted, Watters reversed… opinion & order. [Read more…]
Assault with weapon, lawyer/defendant
ASSAULT WITH WEAPON: Lawyer/Defendant’s right to counsel, disqualification, suppression, speedy trial, expert/other crimes, 61-year sentence challenges properly rejected… Watters affirmed (IOR I-3(d) [Read more…]