ASSAULT ON OFFICER: Sentence improperly imposed without considering Defendant’s mental condition at the time of his offense… Allison reversed. [Read more…]
Rape/kidnap/robbery, repeated use of “victim”
RAPE/KIDNAP/ROBBERY: Defendant deprived of fair trial by repeated use of “victim” in reference to complaining witness and by admission of his request to his girlfriend that she “wipe” his phone… conviction reversed, remanded for a new trial… Marks reversed. [Read more…]
Drugs, State’s assistant’s comment on surveillance video
DRUGS: State’s assistant’s comment “there it is” as jury was reviewing surveillance video of drugs on store floor warrants mistrial… Cybulski reversed. [Read more…]
Assault on officer, sua sponte ineffective assistance
ASSAULT ON OFFICER: Sua sponte finding of ineffective assistance without opportunity to be heard requires a new trial before a different judge… Wilson reversed (memorandum). [Read more…]
Plea agreement breached, failure to cooperate with PSI
PLEA AGREEMENT materially breached by failure to cooperate with PSI, State justified in recommending harsher sentence… Kutzman affirmed (memorandum). [Read more…]
Assault on officer/DUI, 911 statement of intoxication
ASSAULT ON OFFICER/DUI: 911 caller’s statement that Defendant was “intoxicated” and “gonna be driving under the influence” improperly included in recording of call played to jury, but was harmless error as there was ample other evidence that Defendant was intoxicated during encounter with officer… judgment imposing “Audit Hearing” condition stricken as conflicting with oral pronouncement… Lint affirmed, reversed. [Read more…]
Revocation, failure to pay full amount
REVOCATION: Suspended sentence improperly revoked based on alleged failure to pay full restitution… Recht reversed. [Read more…]