DUI: Imposing & suspending a $5,000 fine for felony DUI is affirmed but no authority to delegate to P&P the ability to reinstate suspended fines & fees if Defendant fails to comply with probation… Christopher affirmed, reversed. [Read more…]
Bail jumping, no “lawful excuse” for not appearing
BAIL JUMPING: Statute not unconstitutionally vague as to “lawful excuse” for not appearing at hearing… conviction affirmed… Christopher affirmed. [Read more…]
Probable cause determination
PROBABLE CAUSE DETERMINATION: Incarcerated burglary Defendant not prejudiced by 13-day delay between initial appearance and when District Court granted State’s motion for leave to file information… PSI and prosecution fees improperly imposed in judgment when not in pronouncement… Berger affirmed, reversed. [Read more…]
Restitution, stalking victim’s lost wages
RESTITUTION: Stalking victim entitled to restitution for lost wages but appropriate amount requires further substantiation… Owen reversed (memorandum). [Read more…]
Confrontation, bail jumping, minute entries of absence
CONFRONTATION rights of alleged bail jumper not violated by admission of Deputy Clerk’s minute entries stating he was not present at hearings… Christopher affirmed. [Read more…]
Burglary, fence not accomplice for corroboration
BURGLARY: Fence was not an accomplice to burglars, his and other non-accomplice testimony sufficiently linked Defendant to burglaries… convictions affirmed… Christopher affirmed. [Read more…]
Prosecutorial misconduct, prior felony/MSP history
PROSECUTORIAL MISCONDUCT: Prosecutor acted improperly relating to Defendant’s prior felony and MSP history but mistrial properly denied in light of ample evidence of assault on PO… conviction affirmed… Manley affirmed. [Read more…]
House shooting, hearsay, late witness disclosure
HOUSE SHOOTING: Convictions for shooting into house with bullet lodged in wall near neighbor child’s bed and another grazing baby’s head on neighboring porch affirmed over hearsay and witness disclosure issues… Manley affirmed (IOR I-3(c)). [Read more…]
Attorney substitution, assault with weapon Defendant
ATTORNEY SUBSTITUTION properly denied for assault with weapon Defendant… Manley affirmed. [Read more…]
Dismissal of felony cases, stacked trials
DISMISSAL of 2 felony cases with prejudice on basis that State was unprepared for trials after defendant in 1st case in stacking priority failed to timely appear was abuse of discretion… Christopher reversed (IOR I-3(c)). [Read more…]