INCEST: No prejudice by counsel’s failure to preserve mother as witness as outcome would not have been different… no indication that sentence was largely based on refusal to admit guilt… Deschamps affirmed (IOR I-3(c)). [Read more…]
Attempted rape, unidentified sperm on washed underwear
ATTEMPTED RAPE: Rape Shield Law improperly applied to exclude unidentified sperm that remained on underwear after laundering which Defendant sought to rebut State’s explanation that laundering accounted for absence of his DNA… conviction reversed… Townsend reversed. [Read more…]
Stalking/restitution, limited courtroom view of victim
STALKING/RESTITUTION: Right to confront victim not infringed by limited view of her due to courtroom configuration. . . $42,264.06 restitution properly ordered . . . Larson affirmed. [Read more…]
Postconviction, new evidence, AHD death
POSTCONVICTION: Claims of new evidence in form of expert testimony challenging AHD diagnosis in child’s death and ineffective assistance for not presenting the evidence at trial remanded for consideration under Marble… McLean reversed. [Read more…]
DUI, suspicion of burglary casing
DUI: Circumstances support particularized suspicion that Defendant was casing business for burglary… officer properly [Read more…]