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…]
DUI, mandatory minimum custodial sentence
DUI: Mandatory minimum custodial sentence for 4th DUI not unconstitutional… Recht affirmed. [Read more…]
Intimidation of dialysis tech by patient
INTIMIDATION: Sufficient evidence that dialysis patient had intended purpose to cause technician to remove him from dialysis… disorderly conduct and assault are not lesser-includeds of intimidation… ability to pay properly considered in assessing victim advocate fee… Parker affirmed. [Read more…]
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