FAILURE TO REGISTER: Sentence to MSP rather than DOC constituted rejection of plea agreement without opportunity to withdraw plea, remanded for correction or opportunity to withdraw… disputed sex offender conditions recommended in prior sex assault conviction properly imposed for failure to [Read more…]
Restitution, ongoing sex abuse counseling claims
RESTITUTION for sex abuse victims for 5 years per 2008 sentence not abated, properly extended 3 years pursuant to 2008 requirement for full payment… Gilbert affirmed. [Read more…]
Plea withdrawal, full v. part advisory
PLEA WITHDRAWAL: Full 46-12-211(4) advisory must be given at time Judge notifies Defendant that he is rejecting plea agreement, not part at plea change hearing and part at sentencing hearing (1st impression)… sentence vacated… Deschamps reversed. [Read more…]
Animal cruelty, “possession” of horses
ANIMAL CRUELTY: Sufficient evidence that horses were in Defendant’s “custody” following foreclosure… conviction affirmed… Watters affirmed (IOR I-3(d)). [Read more…]
Obstruction, drunk asking for ride at traffic stop
OBSTRUCTION: Sufficient evidence that intoxicated passerby asking for ride impeded traffic stop despite officer’s view of no intent… McKinnon affirmed. [Read more…]
Restitution, road rage injuries, insurance offset
RESTITUTION for road rage injuries properly ordered in full amount of medicals/dentals, not offset by victim’s insurance… Neill affirmed. [Read more…]
Youth, §208 order modification, SIWC
YOUTH: §208 order correctly modified to eliminate parole eligibility requirement of MSP sex treatment of youth, now 21, who raped 3-year-old when 13, no error in not further removing from adult corrections system to allow Massachusetts program… Lympus affirmed. [Read more…]
Sentencing, untimely request to delete counsel costs
SENTENCING: Amendment to remove counsel costs condition properly denied a decade after it was imposed, statute allowing request for remission “at any time” waived by failure to raise below… Larson affirmed (IOR I-3(d)). [Read more…]
Prison officials immunity, sentence enforcement
PRISON OFFICIALS IMMUNITY: Officials who simply enforce facially valid orders enjoy absolute immunity from §1983 liability for conduct prescribed by orders (1st impression in 9th Circuit)… dismissal of claim that Plaintiff was subjected to liberty [Read more…]
Utilities/procedure, temporary rate decrease
UTILITIES/PROCEDURE: Order denying costs and temporary rate decrease and remanding to PSC is final, appealable order… costs for proceedings in PSC, District Court, MSC properly denied as remand for determination of whether to allow amended [Read more…]