FITNESS: If a defendant found unfit to proceed regains fitness a judge can resume the criminal case, but sexual assault case against mentally challenged defendant that was dismissed in 2006 was improperly reinstated in 2018 without new charging documents and consideration of justness of the extended delay… resumption of criminal case reversed but new civil commitment proceeding could be pursued should the law and evidence support a new filing… Deschamps reversed. [Read more…]
Sentencing, jail credit confusion clarified
SENTENCING: DUI Defendant entitled to credit for all pre-sentence incarceration regardless of being held in connection with charges in other counties pursuant to §46-18-201(9) (2017)… Christopher reversed. [Read more…]
Endangerment, shotgun fired through hotel window
ENDANGERMENT: Sufficient facts provided to support probable cause of criminal endangerment for firing shotgun through hotel window into parking lot… de novo standard of review applied to mixed questions of fact and law involved in motion to dismiss for lack of probable cause… Information improperly dismissed… Eddy reversed. [Read more…]
Child porn, multiple convictions/images, 1 computer
CHILD PORNOGRAPHY: Multiple convictions permissible for possession of multiple images discovered on the same computer on same day… 3 counts are not included within offense charged in Count 1, 4 separate convictions affirmed… Newman affirmed. [Read more…]
Violent offender registration, petition for removal
VIOLENT OFFENDER REGISTRATION: Requirement that offender subject to 10-year registration petition to be removed is unconstitutional… conviction reversed… Cuffe reversed. [Read more…]
Incest, giving away “confidential strategy”
INCEST: Sufficient evidence to convict of incest with daughter even if counsel was deficient for giving away on eve of trial “confidential strategy” that child’s conduct was uncharacteristic of incest which caused the State to secure an expert on child sex abuse… Souza affirmed (IOR I-3(c)). [Read more…]
Right to be present, right to represent self
RIGHT TO BE PRESENT/RIGHT TO REPRESENT SELF not denied burglary/theft/order of protection Defendant… Phillips affirmed. [Read more…]
Restitution, deferred sentence revocation/resentencing
RESTITUTION: Elder theft Defendant’s 6 years deferred properly revoked and replaced with new 6 years deferred for failure to make good-faith effort to pay $87,339.50 restitution and fees (paid $3,799 restitution, 0 fees). . . Townsend affirmed. [Read more…]
Child sex assault, 1991 false reporting conviction
CHILD SEXUAL ASSAULT: 1991 false reporting convictions properly admitted. . . evidence of Defendant’s ability to see properly admitted in light of non-specific objection and appearance at trial with cane and dark glasses . . . prosecution and jury costs improperly imposed without indigency finding. . . IT fees improperly charged on each of 3 counts. . . Lympus affirmed, reversed. [Read more…]
Restitution, lost wages, assault with weapon victim
RESTITUTION: $1,600 for lost wages by assault with weapon victim properly imposed. . . Ortley affirmed (IOR I-3(c)). [Read more…]