ASSAULT ON MINOR: Plea agreement for deferred sentence for severe spanking of child entered into with first Prosecutor undermined by second Prosecutor’s disparaging comments… suspended sentence reversed, remanded with opportunity to substitute Judge… Knisely reversed (memorandum). [Read more…]
Partner strangulation, expert definitions, dozing juror
PARTNER STRANGULATION: Conviction affirmed over objections to expert definitions of strangulation and phone-checking/dozing juror… Brown affirmed. [Read more…]
Sentencing, fines/fees, impoverished DUI Defendant
SENTENCING: Fines, surcharges, fees improperly imposed on impoverished felony DUI Defendant… Cuffe reversed. [Read more…]
Youth jurisdiction, felony sex offenses
YOUTH JURISDICTION: Transfer to Youth Court improperly denied based purely on egregious nature of sex offenses… Souza reversed. [Read more…]
Expungement, failure to specify offenses
EXPUNGEMENT: Petition properly denied for failure to specify offenses… Eddy affirmed (memorandum). [Read more…]
Sentencing, conditions for endangerment of minors
SENTENCING: Contested conditions properly imposed on Defendant charged with felony sexual assault of minors who pled guilty to criminal endangerment… Best affirmed (memorandum). [Read more…]
Strangulation, shoving meth into mouth, transaction
STRANGULATION: Evidence that Defendant “shoved meth” into partner’s mouth after strangling her properly admitted under transaction rule… McMahon affirmed (memorandum). [Read more…]
Expungement, MMRTA
EXPUNGEMENT properly denied Defendant who pled guilty to possession with intent to distribute more than 15 ounces of marijuana over assertion that amount is not clear in judgment… Oldenburg affirmed (memorandum). [Read more…]
Intimidation, Deputy’s 404(b) testimony
INTIMIDATION: Challenges to Deputy’s 404(b) testimony for not being sua sponte stricken or followed with curative instruction waived for being raised first time on appeal… claim of ineffective assistance for not requesting curative instruction or striking testimony more appropriate for post-conviction… Best affirmed (memorandum). [Read more…]
Intimidation, Deputy’s 404(b) testimony
INTIMIDATION: Challenges to Deputy’s 404(b) testimony for not being sua sponte stricken or followed with curative instruction waived for being raised first time on appeal… claim of ineffective assistance for not requesting curative instruction or striking testimony more appropriate for post-conviction… Best affirmed (memorandum). [Read more…]
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