SEXUAL ASSAULT/YOUTH: Dismissal not required by untimely youth transfer-back hearing, rights protected but waived, [Read more…]
Speedy trial, length of delay below v. on appeal
SPEEDY TRIAL: Defendant may not argue for first time on appeal for length of delay different from that relied on when motion to dismiss decided, unless judge’s determination was clearly erroneous… Judge’s determination as to length of delay was 98 days short, but additional days would not change outcome, motion to dismiss properly denied… Langton affirmed. [Read more…]
Incest, juror disqualification, other incest
INCEST: Panelist properly not excused for cause, Judge’s questioning was clarification, not improper rehabilitation … notice of other acts of incest properly relied primarily on transaction rule and alternatively on Just as matter of caution… 4 incest life sentences improperly imposed [Read more…]
Mental commitment, cognitive disorder, alcohol
MENTAL COMMITMENT: No evidence that cognitive disorder (as opposed to alcoholism or antisocial behavior) caused injury or posed threat… commitment reversed following release… Haynes reversed. [Read more…]
PFMA, expert disclosure, juror bias
PFMA: State complied with expert disclosure requirements by listing victim advocate despite not filing report of expected testimony, constitutionality of discrepancy between prosecutor’s and defendant’s disclosure duties not reached… prospective juror predisposed against [Read more…]