ASSAULT ON OFFICER: Reasons for sentencing obstreperous inmate to 24 years at MSP improperly premised on exercise of rights to remain silent, against self-incrimination, to jury, remanded for sentencing before a different judge… plain error review of claim of outrageous conduct by jailers declined… Owen affirmed, reversed. [Read more…]
Postconviction, 2008 assault on “officer”
POSTCONVICTION petition alleging 2008 assault on officer charge defective because officer had been charged with stealing or tampering in an unrelated case properly denied… Christopher affirmed (memorandum). [Read more…]
Deliberate homicide, speedy trial, jury selection, COVID
DELIBERATE HOMICIDE: Speedy trial and jury selection challenges properly rejected in light of COVID circumstances… Marks affirmed. [Read more…]
Rape, alleged fabrication to avoid revocation
RAPE: Evidence purporting to show that accuser was motivated to fabricate to avoid jail for violating conditional release properly excluded… Defendant properly limited in attempt to impeach accuser about leniency she allegedly received on pending DUI in another county… disqualification of entire county attorney office due to meritless claim that CA had confidential information from representing Defendant in 2011 properly denied… conviction affirmed… Christopher affirmed. [Read more…]
Stalking, prison inmate’s letters
STALKING: Despite erroneous omission of instruction defining “purposely” and “knowingly,” jury had compelling evidence that prison inmate’s letters would cause recipient to fear for her safety or suffer emotional distress… conviction affirmed… Manley affirmed (IOR I-3(c)). [Read more…]
Rape, accuser’s pending charges
RAPE: Supervisory control of Christopher denied as to exclusion of accuser’s criminal charges… order. [Read more…]
Postconviction, new evidence, AHD death
POSTCONVICTION: Claims of new evidence in form of expert testimony challenging AHD diagnosis in child’s death and ineffective assistance for not presenting the evidence at trial remanded for consideration under Marble… McLean reversed. [Read more…]
DNA evidence, new tests 7 years post-conviction
DNA EVIDENCE: New tests that make previously useless DNA capable of identification amount to “newly discovered DNA evidence” under Innocence Protection Act, even though the underwear and semen are not, thereby rebutting the presumption of untimeliness 7 years after conviction of sexual assault of intoxicated teen… motion for DNA testing under new tests improperly denied… Haddon reversed. [Read more…]