DUI: Felony conviction upheld over Native American’s Batson challenge to State’s peremptory removal of Native American Panelist, Prosecutor’s comments, prior DUI as felony predicate… Harris affirmed. [Read more…]
Ineffective assistance, attorney testimony in bail jumping
INEFFECTIVE ASSISTANCE: Attorney for PFMA/criminal mischief cases properly allowed to testify for the State in Defendant’s bail jumping case after Defendant waived attorney-client privilege, did not constitute ineffective assistance… attorney not ineffective for failing to move to continue PFMA/mischief trials as it would have been futile with Defendant in California… bail conviction affirmed… Harris affirmed. [Read more…]
Assault with weapon, self-defense, pretrial silence
ASSAULT WITH WEAPON: Prosecutor’s cross and comments on Defendant’s newly disclosed claim of self-defense, although inadvisable, not an infringement on right to pretrial silence… Todd affirmed (IOR I-3(c)). [Read more…]
Assault on officer, Norquay instruction
ASSAULT ON OFFICER: Jury properly found that victim of no-contact violation still resided at residence despite in process of moving… assault on officer conviction affirmed over challenge to Norquay instruction to deadlocked jury… Gustafson affirmed (IOR I-3(c)). [Read more…]
Sentencing, PFO prison alternatives
SENTENCING: Prison alternatives to PFO mandatory minimum properly considered and rejected. . . unobjected imposition of fees/costs not considered on appeal, counsel’s failure to object more amenable to postconviction. . . meth conviction affirmed. . . Moses affirmed. [Read more…]
Dynamite instruction, rape Defendant
DYNAMITE INSTRUCTION properly given deadlocked jury. . . Norquay-Allen reaffirmed. . . rape conviction following prior deadlocked mistrial affirmed. . . Fagg affirmed. [Read more…]
Assault with weapon, vehicle gun point
ASSAULT WITH WEAPON conviction affirmed as to passenger charged with pointing gun at driver of another car… Fagg affirmed. [Read more…]
Assault with weapon, bystander justifiable force
ASSAULT WITH WEAPON: Counsel not ineffective for failing to request bystander justifiable force instruction where “bystander” injured in knife fight was never deemed innocent bystander… Fagg affirmed. [Read more…]
Sexual assault, rebuttal, unanimity, exculpatory
SEXUAL ASSAULT: Conviction of assault of 8-year-old affirmed over claims of improper rebuttal, failure to give specific unanimity instruction, failure to disclose potentially exculpatory medical/counseling records… Todd affirmed. [Read more…]
Right to remain silent, affidavit testimony
RIGHT TO REMAIN SILENT: Defendant who submitted affidavit challenging prior DUI properly subjected to cross (1st impression)… Huss affirmed. [Read more…]