OBSTRUCTION OF OFFICER: Dismissal for insufficient evidence to convict order of protection suspect who attempted to walk away from officer while being questioned improperly denied… Lerman/Vannatta reversed. [Read more…]
Drugs, speeding stop, DUI then marijuana investigations
DRUGS: Speeding stop improperly extended into DUI investigation and then drug investigation, motion to suppress marijuana found in vehicle which Trooper smelled and dog confirmed improperly denied… Walker/Davies reversed. [Read more…]
Mental commitment, hearing in absentia during COVID
MENTAL COMMITMENT: Refusal to leave protective custody cell and attacking anyone who came in contact with her and the area outside her cell being too small to allow COVID distancing justified in absentia commitment hearing… Reynolds affirmed (memorandum). [Read more…]
Time served credit based solely on instant case
TIME SERVED CREDIT should have been awarded felony DUI Defendant based solely on record for case for he is being sentenced (212 days) without regard for time held for revocation of prior conditional release… Dayton reversed… order. [Read more…]
Speeding, “actually established” v. temporary speed limit
SPEEDING: Sufficient evidence that 35 mph limit was “actually established” as opposed to temporary… conviction of driving 50 in a 35 zone affirmed… Swingley/McMahon affirmed (memorandum). [Read more…]
Expungement, 1989 marijuana grow possession
EXPUNGEMENT of 1989 conviction of possession of over 60 grams of marijuana from home grow properly denied… Todd affirmed. [Read more…]
Incest, unusual duress mandatory sentence exception
INCEST: Claim of unusual duress exception to mandatory sentence based on Defendant’s own childhood sexual abuse properly rejected… Rieger affirmed (memorandum). [Read more…]
DUI, particularized suspicion independent of eluding
DUI: Officer had particularized suspicion of DUI and probable cause for DUI arrest independent of challenged eluding being initial reason for stop… license reinstatement properly denied… Gilbert affirmed (memorandum). [Read more…]
Judge substitution, PCR of municipal court conviction
JUDGE SUBSTITUTION: Postconviction review of justice, municipal, or city court sentence not limited to district judge who heard underlying appeal in multi-judge districts, motion to substitute improperly denied… Larson reversed (memorandum). [Read more…]
Expungement of 2002 marijuana grow conviction denied
EXPUNGEMENT of 2002 marijuana grow conviction under I-190 properly denied because landlord had not granted permission for the grow… Ulbricht affirmed. [Read more…]