OBSTRUCTION: Bicyclist who stopped next to traffic stop to film and refused to move “a little bit away” properly convicted of obstruction… Allison affirmed. [Read more…]
Negligent homicide/endangerment, MVA
NEGLIGENT HOMICIDE/ENDANGERMENT convictions stemming from MVA affirmed… Davies affirmed. [Read more…]
Rape, alcoholic “plied with alcohol”
RAPE: Conviction of SIWC of alcoholic affirmed over challenge to mens rea instructions and exclusion of testimony as to victim’s drinking and withdrawal symptoms… Parker affirmed. [Read more…]
Weapon enhancement, aggravated rape/kidnap
WEAPON ENHANCEMENT applied to aggravated SIWC and aggravated kidnap not double jeopardy since they do not require use of a weapon over claim that “force” and “weapon” are equivalent… Brown affirmed (memorandum). [Read more…]
Attempted sex assault/aggravated assault, double jeopardy
ATTEMPTED SEXUAL ASSAULT/AGGRAVATED ASSAULT convictions of obstreperous Defendant via mid-trial plea agreement affirmed over double jeopardy challenge… jury costs improperly imposed without addressing ability to pay… Ulbricht affirmed, reversed. [Read more…]
Sexual assault, special unanimity, prosecutorial conduct
SEXUAL ASSAULT: (Conviction affirmed over claims of need for special unanimity instruction and prosecutorial misconduct… Harada affirmed (memorandum). [Read more…]
Deliberate homicide, Alford plea, lesser-includeds
DELIBERATE HOMICIDE: Why counsel wrongly advised that mitigated deliberate was not a lesser-included of deliberate is not clear, ineffective assistance claim more appropriate for postconviction… State’s offer of proof was sufficient to accept Alford plea to shooting friend in the head and hiding the body… Menahan affirmed. [Read more…]
Appeal, failure to raise any assault appeal issue
APPEAL: Failure to raise any appeal issue as to dismissal of assault suit leaves nothing to review… Grubich affirmed (memorandum). [Read more…]
Partner strangulation, expert definitions, dozing juror
PARTNER STRANGULATION: Conviction affirmed over objections to expert definitions of strangulation and phone-checking/dozing juror… Brown affirmed. [Read more…]
Sentencing, Internet access prohibition
SENTENCING: Conditions limiting Internet access overbroad for statutory rape Defendant… Brown reversed. [Read more…]