DRUGS/CHILD ENDANGERMENT: Sufficient evidence for jury to find that untested substance provided to teen was meth… Defendant’s right to opportunity for allocution properly satisfied… convictions affirmed… Parker affirmed. [Read more…]
Sentencing, illegal sentence v. invalid plea/conviction
SENTENCING: Challenge of validity to nolo plea to sexual abuse of children rejected on basis that 2014 conviction is time-barred and habeas is not available to challenge legal sentence… Hansen and Hardin overruled to extent they failed to distinguish between illegal sentence and invalid plea. [Read more…]
Mistrial, improper sua sponte by distraught Judge
MISTRIAL improvidently granted sua sponte on 3rd day of incest/bail jumping trial by Judge distraught over reporter’s heart attack or stroke and inability to get replacement… double jeopardy violated by retrial on amended charge of SIWC due to uncle/niece sex not “incest”… convictions reversed with prejudice… Pinski reversed. [Read more…]
Sexual assault, “bit player” detective impeachment
SEXUAL ASSAULT: Speedy trial claim properly denied based in part on docket congestion… new trial not warranted by post-trial disclosure that “bit player” detective was being investigated for making a false insurance claim… Kutzman affirmed (IOR I-3(c)). [Read more…]
Bond, Animal Welfare Statute
BOND: Constitutional challenges to $31,019.60 bond in animal cruelty case waived by failure to raise below… Pinski affirmed (IOR I-3(c)). [Read more…]
Incest, panelist who knew alleged victim’s father
INCEST: Removal for cause of panelist who knew alleged victim’s father properly denied in case against stepfather… conviction affirmed… Pinski affirmed. [Read more…]
Ineffective assistance, sexual abuse of children
INEFFECTIVE ASSISTANCE claims by sexual abuse of children Defendant who received better sentence than he bargained for properly rejected postconviction. . . Best affirmed (IOR I-3(c)). [Read more…]
Assault on minor, lying interrogators of mother
ASSAULT ON MINOR: Mother’s interrogation “admission” to shaking baby who died of brain injury improperly induced by psychological coercion, lies, misrepresentations, improperly admitted at trial… conviction reversed… Sandefur reversed. [Read more…]
Right to be present, omnibus hearing
RIGHT TO BE PRESENT: No reversible error in omnibus hearing without homicide Defendant… no prejudice to Defendant, so no [Read more…]