SENTENCING: Conditions limiting Internet access overbroad for statutory rape Defendant… Brown reversed. [Read more…]
Waiver of counsel, awareness of PFO penalties
WAIVER OF COUNSEL: Counsel intelligently waived as robbery Defendant knew risks and was advised of potential PFO-enhanced penalties and sentenced well within range… Eddy affirmed. [Read more…]
Escape, failure to report to PO as ordered
ESCAPE: Defendant whose suspended sentence was revoked and failed to report to his PO as ordered properly convicted of felony escape… Marks affirmed. [Read more…]
Drugs, social media sting
DRUGS: Entrapment not established as matter of law in social media sting by drug agent, motion to dismiss meth charge properly denied… Rieger affirmed. [Read more…]
Child incest, alleged prior “false accusation,” rape shield
CHILD INCEST: Child’s prior statements regarding alleged “false accusation” of sexual assault properly excluded under rape shield balancing… not clear whether “playing doctor” and “sleeping” with cousin when both were 5 were sexual… conviction of sexual abuse of granddaughter affirmed… Best affirmed. [Read more…]
Child sex abuse, testimony v. forensic interview
CHILD SEX ABUSE: Why Defense Counsel allowed child’s prior consistent statements from forensic interview into evidence without challenge not fully apparent from record, not reviewable on direct appeal… conviction affirmed… Reynolds affirmed. [Read more…]