PLEA WITHDRAWAL by child sex assault Defendant claiming coercion by counsel properly rejected… Souza affirmed (IOR I-3(c)). [Read more…]
Prostitution promotion, 19-year-old’s conduct at 16
PROSTITUTION PROMOTION: Convictions affirmed over challenge to exclusion of 19-year-old’s prostitution conduct at age 16… Moses and Souza affirmed. [Read more…]
Speedy trial, 547 days, no-hearing dismissal
SPEEDY TRIAL rights of sexual assault Defendant properly found denied without evidentiary hearing… Todd affirmed (IOR I-3(c)). [Read more…]
Jury, PFMA “partner” v. non-partner assault
JURY: Panelist with strong reservations about acquitting PFMA Defendant merely because of a failure to prove “partner” relationship should have been excused for cause… conviction reversed, remanded for new trial… Todd reversed. [Read more…]
Counsel substitution, indigent, aggravated assault
COUNSEL SUBSTITUTION properly denied for indigent whose complaints were not seemingly substantial to justify a hearing… aggravated assault conviction affirmed… Todd affirmed. [Read more…]
Aggravated burglary/assault w/weapon, gang affiliation
AGGRAVATED BURGLARY/ASSAULT WITH WEAPON: Limited evidence of gang affiliation properly admitted. . . mistrial based on officer’s mention of active arrest warrant properly denied. . . . sufficient evidence of apprehension by victim who did not testify. . . convictions affirmed. . . Gustafson affirmed. [Read more…]
DUI, ND felony predicate, “inadequate record”
DUI: State had burden to prove ND DUI qualified for felony enhancement, “inadequate record” as to whether it was BAC or “under influence” not competent proof… Moses reversed. [Read more…]