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…]
Plea withdrawal, agreed sentence exceeded authorized
PLEA WITHDRAWAL properly denied in convoluted case in which agreed sentence exceeded sentence authorized by law and the State accepted a sentence reduced from that agreed upon to one within the legal term… Harris affirmed. [Read more…]
Withdrawal of admissions to conditions violations
WITHDRAWAL OF ADMISSIONS after admitting violating suspended sentence conditions properly denied albeit for wrong reasons… Olson affirmed (memorandum). [Read more…]
Counsel substitution, not “seemingly substantial”
COUNSEL SUBSTITUTION: Grievances against attorneys properly found not “seemingly substantial” in initial inquiry, separate hearing not required… substitution properly denied… Souza affirmed. [Read more…]
Negligent homicide, shooting of brother, pros conduct
NEGLIGENT HOMICIDE: Conviction in shooting of brother affirmed over claim of prosecutorial misconduct… ineffective assistance claim more amenable for postconviction… weapon enhancement consecutive to PFO sentence proper… Cuffe affirmed. [Read more…]
DUI, officers’ opinions as to level of intoxication
DUI: Officers did not violate Defendant’s privacy responding to a report of a truck hitting a vehicle in the parking lot and the driver staggering into his apartment… officers’ opinions improperly elicited as to level of intoxication to rebut claim that he became intoxicated after arriving at his apartment, but the error was harmless in light of other evidence… conviction affirmed… Overland/Eddy affirmed. [Read more…]
Vehicular homicide, plea agreement parole restriction
VEHICULAR HOMICIDE: Claim that counsel was ineffective for not understanding that the plea agreement allowed the State to argue for a parole restriction more appropriate for postconviction review… witness testimony as to impact of Defendant’s conduct was designed to seek parole restriction, not undermine the plea agreement… Lint affirmed (memorandum). [Read more…]
Strangulation PFMA, “foster father”
STRANGULATION PFMA: Conviction of strangling “foster father” reversed by stipulation following contention that “foster father” is not a “family member”… Cuffe reversed… Order. [Read more…]
Mitigated deliberate homicide, “disaster” of a case
MITIGATED DELIBERATE HOMICIDE: Cumulative errors including failure to disclose Brady phone evidence and violation of in limine order precluding drug reference in trial described by Judge as “a disaster” undermined claim of self-defense shooting such that new trial is warranted… Rieger reversed. [Read more…]
Child sex abuse, prosecutorial misconduct claims rejected
CHILD SEX ABUSE: Prosecutorial misconduct claims in case involving abuse of 14-year-old stepdaughter rejected as not meriting plain error review… conviction affirmed… Wald affirmed. [Read more…]