PLEA WITHDRAWAL: Not necessary to analyze lack of specificity as to lesser-includeds when no basis for misdemeanor assault in aggravated assault case given injuries and admissions… plea withdrawal properly denied… Macek affirmed. [Read more…]
Justifiable force, victim’s violence propensity
JUSTIFIABLE FORCE/INEFFECTIVE ASSISTANCE: Murder victim’s propensity for violence not essential element of justifiable force, counsel not ineffective for not presenting such propensity… Honzel affirmed. [Read more…]
Felony murder, chambers presence, burden
FELONY MURDER: Waiver of right to be present at chambers conference improperly made by lawyer rather than Defendant, State failed to demonstrate error harmless… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Speedy trial/assistance/prosecutor conduct
SPEEDY TRIAL/INEFFECTIVE ASSISTANCE/ PROSECUTORIAL MISCONDUCT: Speedy trial claim properly denied (308 of 507 days attributed to Defendant’s continuances, analysis despite waiver since trial not held as re-set)… no error in not holding effective assistance [Read more…]
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