SEXUAL ASSAULT: Conviction of assaulting minor via “robot game” affirmed over challenge to instructions on mental state… Breuner affirmed (memorandum). [Read more…]
Attorney discipline, no immediate suspension for drugs
ATTORNEY DISCIPLINE: Court declines to place Kenneth Cotter on immediate suspension pending final disposition of disciplinary proceeding predicated on drug convictions… Order. [Read more…]
SVORA, under age, North Dakota v. Montana
SVORA: Defendant who was not required to register in North Dakota for his plea to misdemeanor assault with underage girl improperly required to register in Montana… Cuffe reversed. [Read more…]
Deliberate homicide, lesser-included, juror queries
DELIBERATE HOMICIDE conviction affirmed over challenge to denial of lesser-included mitigated deliberate and handling of juror queries… Oldenburg affirmed. [Read more…]
SIWC of minor, evidence of penetration of 4-year-old
SIWC OF MINOR: Conviction affirmed over challenge to knowingly and mens rea instructions relating to age and intoxication… Whelan affirmed. [Read more…]
Attempted deliberate homicide, justifiable force claim
ATTEMPTED DELIBERATE HOMICIDE: Defendant properly required to admit that he acted purposely & knowingly to assert justifiable force… Defendant’s back-shot expert properly excluded… Deschamps 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…]
Sanctions for delays resulting in sua sponte mistrial
SANCTIONS: $51,923.61 sanctions against defense attorney for delays resulting in sua sponte mistrial reversed following Federal Courts’ exoneration of counsel… Cuffe reversed. [Read more…]
Deliberate homicide, failure to disclose already charged
DELIBERATE HOMICIDE: Failure to inform Defendant during interview that he had already been charged insufficient to require suppression… fees/costs improperly imposed without considering ability to pay… Cybulski affirmed, reversed. [Read more…]
Hate crime, shooting to rid town of “lesbians and queers”
HATE CRIME: Conviction of hate crime for shooting at house in furtherance of “mission” to “rid” town of “lesbians and queers” affirmed… Morris affirmed. [Read more…]
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