DUI: $5,000 mandatory fine for 5th DUI appealable despite plea agreement, affirmed, remanded for ability to pay evaluation… Harris affirmed, reversed. [Read more…]
DUI, $5,000 mandatory fine imposed, suspended
DUI: Imposing & suspending a $5,000 fine for felony DUI is affirmed but no authority to delegate to P&P the ability to reinstate suspended fines & fees if Defendant fails to comply with probation… Christopher affirmed, reversed. [Read more…]
Sentencing, no material depicting nudity
SENTENCING: Sex offender reasonably restricted from possessing “any material that describes or depicts human nudity”… Pardy affirmed (memorandum). [Read more…]
DUI, $600 suspended mandatory fine
DUI: $600 suspended fine properly imposed over Defendant’s claimed inability to pay… Overland/Coffman affirmed. [Read more…]
Bail jumping, no “lawful excuse” for not appearing
BAIL JUMPING: Statute not unconstitutionally vague as to “lawful excuse” for not appearing at hearing… conviction affirmed… Christopher affirmed. [Read more…]
DUI, $5,000-minimum fine, inability to pay
DUI: $5,000-minimum fine legally imposed when the portion Defendant couldn’t pay was suspended… Halligan affirmed. [Read more…]
Drugs, continued prosecution of unresolved count
DRUGS: §46-11-503(1)(b) does not bar continued prosecution of an unresolved count when all charges were filed in a single proceeding and the Defendant pled guilty to other counts charged in that proceeding… McMahon affirmed. [Read more…]
Confrontation, witness testimony from Washington
CONFRONTATION: Witness to Defendant’s presence in garage properly allowed to testify via video from Washington… Seeley affirmed. [Read more…]
Drugs, investigation into possible trespass of vehicle
DRUGS: Officers investigating possible trespass of vehicle parked outside casino properly arrested occupant based on dispatch report of warrant… suppression of meth found in pocket properly rejected… Coffman affirmed. [Read more…]
DUI, 21 days between appearance and probable cause
DUI: 21 days between initial appearance and probable cause hearing was reasonable… SCRAM improperly imposed as parole condition… $5,000 mandatory minimum fine improperly imposed without consideration of ability to pay… Whelan affirmed, reversed. [Read more…]
- 1
- 2
- 3
- 4
- Next Page »