PUBLIC DEFENDER COST of $36,920 properly imposed on double homicide Defendant… Seeley affirmed. [Read more…]
Sexual assault, uncharged prior, sentencing
SEXUAL ASSAULT: Uncharged sexual assault properly admitted to show timeline of report of charged assault… evidence suggesting physical abuse by husband of one alleged victim years after alleged sexual assault properly excluded… written/oral sentencing inconsistencies remanded for correction… Boucher affirmed, reversed. [Read more…]
Sentencing, DUI plus PFO, habeas
SENTENCING: Defendant improperly sentenced for both DUI and PFO, remanded for resentencing only as PFO, but request for release following expiration of DUI sentence denied… Mizner reversed… order. [Read more…]
DUI, slightly crossing yellow center line
DUI: Slightly crossing yellow center line grounds for stop, over argument that statute allows occasional movement from lane… Jones affirmed. [Read more…]
Drugs, trooper’s opinion of under meth influence
DRUGS: Trooper’s opinion that driver was likely under influence of stimulant such as meth was rationally based on his perceptions… trooper did not conduct DRE evaluation but was qualified as DRE expert… meth conviction affirmed… Christopher affirmed (IOR I-3(d)). [Read more…]
Postconviction, homicide counsel’s unpreparedness
POSTCONVICTION claims of ineffective assistance by unpreparedness in examination of murder witness properly rejected without hearing as having been decided on direct appeal… affidavits do not change prior holding of no prejudice… Jones affirmed (IOR I-3(d)). [Read more…]
Prisoners, prison sex offender visitation
PRISONERS: Sentencing judge may not direct administration of prison’s visiting rules for a particular inmate, motion to mandate regular visitation for family of sex offender correctly denied… but since State concedes that minor contact provisions in sentence apply only to probation, opinion directed to DOC for possible resolution… Lympus affirmed (IOR I-3(d)). [Read more…]
Prisoners, prison sex offender visitation
PRISONERS: Sentencing judge may not direct administration of prison’s visiting rules for a particular inmate, motion to modify judgment of SIWC inmate so he can visit his children at MSP correctly denied… but since State concedes that minor contact [Read more…]
Sentencing, restitution/reimbursement
SENTENCING: Lenihan review of 1994 restitution/ reimbursement challenge declined as objectionable rather than illegal… claim that garnishment of tribal payments violates “bad men” provision of 1868 treaty not reached… McKeon affirmed (IOR I-3(d)). [Read more…]
Mental commitment, waiver of rights
MENTAL COMMITMENT: Statutory/due process rights violated by commitment without intentional/knowing waiver of procedural rights despite assurances by counsel and professional that person would enjoy community commitment… H. Brown reversed. [Read more…]