SENTENCING: Phases I & II sex treatment at MSP wrongly imposed in conjunction with DOC commitment for sex sting Defendant. . . remanded for resentencing. . . Kutzman reversed. [Read more…]
Judicial bias, difficult assault Defendant
JUDICIAL BIAS: Plain error review of judicial bias claims by difficult assault Defendant who abused the system rejected… Wheelis affirmed. [Read more…]
Child pornography, closed bulletin board “notice”
CHILD PORNOGRAPHY: Defendant improperly precluded from arguing that posts on closed bulletin board in this particular case did not constitute “notice” or “advertisement”… Christensen reversed. [Read more…]
Mental commitment, mental expert hearsay
MENTAL COMMITMENT: Otherwise inadmissible hearsay referenced by mental expert to explain opinions/ recommendations properly admitted… prior opinions distinguished/clarified… Seeley affirmed. [Read more…]
Felony murder, prior alleged homosexual rape
FELONY MURDER: Prior uncharged alleged homosexual hot springs rape properly admitted under 404(b) as proof of modus operandi in felony murder with hot springs rape as predicate offense, also properly admitted under 403 as highly probative of underlying homosexual rape… inadequate determination of ability to pay counsel, prosecution, jury selection… Larson affirmed, reversed. [Read more…]
Burglary, suppression, physical items, admissions
BURGLARY: Suppression of physical items and admissions properly denied… Olson affirmed. [Read more…]
$1,001,000 settlement, land access dispute death
SETTLEMENT: $1,001,000, land access dispute death. [Read more…]
Fitness, 90 days for ruling, waiver
FITNESS: Statute unclear when 90 days for ruling begins, but challenge to timeliness waived by agreeing to continue treatment… Krueger reversed. [Read more…]
Speedy trial, misdemeanor DUI
SPEEDY TRIAL claim in misdemeanor DUI case properly denied due to continuances granted for Defendant and evidence of willingness to postpone trial based on attorney’s representation that she planned to file speedy trial waiver… Swingley/Seeley (IOR I-3(d)). [Read more…]
Ineffective assistance, postconviction/trial counsel
INEFFECTIVE ASSISTANCE: Postconviction counsel challenging his own trial performance raises ethical questions that should be addressed at outset… claims properly rejected for lack of showing of prejudice by incest Defendant… Sherlock affirmed. [Read more…]