SENTENCING: Attorney was ineffective in failing to direct Judge to possible deferred drug sentence under ASA, remanded for new sentence hearing… Oldenburg reversed. [Read more…]
Mental commitment, professional person via Vision Net
MENTAL COMMITMENT: Professional person improperly allowed to testify via Vision Net, error not harmless, commitment reversed… McMahon reversed. [Read more…]
Sentencing, jail credit confusion clarified
SENTENCING: Defendant on parole at time of endangerment charge entitled to pre-sentence jail credit pursuant to §46-18-201(9) (2017) based solely on the record of the offense for which he is being sentenced and without regard to whether he is “incarcerated on a bailable offense”… remanded to credit 489 days jail time… Kutzman reversed. [Read more…]
Sentencing, jail credit confusion clarified
SENTENCING: DUI Defendant entitled to credit for all pre-sentence incarceration regardless of being held in connection with charges in other counties pursuant to §46-18-201(9) (2017)… Christopher reversed. [Read more…]
Sentencing, jail time as part of deferred imposition
SENTENCING: Jail time properly imposed as part of deferred imposition for paraphernalia… Walker/Todd affirmed. [Read more…]