SEXUAL ASSAULT: Girls’ therapist’s records properly excluded following in camera review by Judge and also — because they recanted at trial — by the Supreme Court’s in camera review… dismissal of panelist who expressed view that alleged victims tend to be credible but that he would follow instructions properly denied… conditions improperly included in judgment that were not in pronouncement… Menahan affirmed, reversed. [Read more…]
Aggravated kidnap, judge finding penalty facts
AGGRAVATED KIDNAP: §45-5-303(2) not unconstitutional in permitting judge to find facts that mitigate sentence… Whelan affirmed. [Read more…]
Youth jurisdiction, Pine Hills inmate’s assaults
YOUTH JURISDICTION: District Court properly exercised jurisdiction over misdemeanor spit assault as arising out of felony assault on officer by Pine Hills detainee but improperly exercised jurisdiction over 3 other misdemeanors… $200 statutory charge improperly imposed on suspended (as opposed to “levied”) $2,000 fine… Hayworth affirmed, reversed. [Read more…]
Mental commitment, physical presence waiver
MENTAL COMMITMENT: Improper waiver by attorney of physical presence at commitment hearing, person improperly required to attend via video over his objection, State’s “forfeiture by violent conduct” proposal rejected, commitment reversed… Christopher reversed. [Read more…]
Speedy trial, 1,179 days, fitness to proceed
SPEEDY TRIAL violated by 1,179 days of back and forth between jail and MSH fitness evaluations, assault conviction reversed… Parker reversed. [Read more…]
Revocation, expired deferred imposition
REVOCATION: Deferred imposition sentence expired before State petitioned to revoke and is therefore illegal… conclusion based on de novo review of record, issue not raised by parties… Cuffe reversed. [Read more…]
Escape, failure to report to PO as ordered
ESCAPE: Defendant whose suspended sentence was revoked and failed to report to his PO as ordered properly convicted of felony escape… Marks affirmed. [Read more…]
Double jeopardy, cross-counties police pursuit
DOUBLE JEOPARDY not violated by charges in 2 counties stemming from police pursuit… Berger affirmed. [Read more…]
Revocation, reimposed sentence ending after original
REVOCATION: Reimposed sentence ending 2 years later than original does not constitute sentence greater than original… Knisely affirmed. [Read more…]