SPEEDY TRIAL: Burglary Defendant with 688 days in fitness proceedings failed to preserve speedy trial for appeal at change of plea hearing by stating “I believe I had a speedy trial violation. I want to keep that on record.”… briefing on the issue properly denied… Larson affirmed. [Read more…]
Sex abuse of children, prior bad acts, blind expert
SEX ABUSE OF CHILDREN: Convictions affirmed over challenge to children’s prior bad acts testimony and blind expert’s testimony… Rieger affirmed (memorandum). [Read more…]
PFMA, ineffective assistance
PFMA: Convictions affirmed without prejudice to pursue postconviction relief as to alleged ineffective assistance… Menahan affirmed (memorandum). [Read more…]
Deliberate homicide, failure to give mitigated instruction
DELIBERATE HOMICIDE: Plain error review declined as to failure in bench trial to sua sponte give lesser-included instruction for mitigated deliberate homicide… Moses affirmed. [Read more…]
Negligent homicide/endangerment, MVA
NEGLIGENT HOMICIDE/ENDANGERMENT convictions stemming from MVA affirmed… Davies affirmed. [Read more…]
Mental commitment, inadequate notice of concession
MENTAL COMMITMENT: State’s notice of concession to reverse commitment fails to state grounds “with particularity”… Order. [Read more…]
Sentencing, credit for recovery center time
SENTENCING: Defendant not entitled to credit for time at recovery center which he chose to attend without court order… Wilson affirmed. [Read more…]
Plea agreement breached by Prosecutor’s lip service
PLEA AGREEMENT: Prosecutor breached agreement by paying lip service to agreed sentencing recommendation… a judge does not have unilateral authority to restrict a defendant’s right to seek early termination of a sentence but a defendant may agree to waive or restrict that right… remanded for specific performance of the plea agreement before a different judge… Abbott reversed. [Read more…]
Privacy in communications, 25 years for vile comments
PRIVACY IN COMMUNICATIONS: 25 years at MSP for vile comments to multiple victims affirmed… Harris affirmed. [Read more…]
Deliberate homicide, justifiable force agreement
DELIBERATE HOMICIDE: Judge did not reject agreement relating to Defendant’s justifiable force defense, did not improperly reject special unanimity verdict form… Oldenburg affirmed. [Read more…]