NEGLIGENT HOMICIDE: Counsel was ineffective in not securing appearance of relocated trooper or preservation of his report that would support Defendant’s claim that he drove in reverse over decedent to escape his choking and did not again drive over him in forward… conviction vacated, remanded for new trial… payouts to injured victims by Defendant’s insurer should be deducted from their restitution payments… Haynes reversed. [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…]
Rape/sexual assault, rape shield, other DNA
RAPE/SEXUAL ASSAULT: Evidence that stain on girl’s shirt was from a male other than Defendant properly excluded under rape shield… sufficient indirect evidence that offenses were committed in county alleged… Day affirmed. [Read more…]
Plea withdrawal, law office thefts
PLEA WITHDRAWAL by law office theft defendant properly denied… jurisdiction to hear appeal of postconviction denial precluded by failure to file notice… Newman affirmed (IOR I-3(d)). [Read more…]