MENTAL COMMITMENT affirmed over challenge to professional’s hearsay regarding person’s statements and sufficiency of evidence of need of safety based on driving toward her parents… McElyea affirmed. [Read more…]
Rehearing of restitution for attending hearings denied
REHEARING of Opinion upholding restitution for attendance at hearings denied… Order. [Read more…]
Criminal endangerment, restitution for attending hearings
CRIMINAL ENDANGERMENT: Plain error review declined on claim that Prosecutor breached implied covenant as to recommendation that Defendant pay financial obligations… restitution for victim’s expenses for attending all court proceedings affirmed…. Cuffe affirmed (memorandum). [Read more…]
Indecent exposure, felony v. lesser-included misdemeanor
INDECENT EXPOSURE: Felony conviction for victim under 16 affirmed over claim that lesser-included misdemeanor should be applied… bail jumping challenge properly rejected… Seeley affirmed (memorandum). [Read more…]
DUI, mandated $5,000 fine
DUI: Mandated $5,000 fine affirmed but remanded for determination of ability to pay pursuant to Cole… Murnion affirmed. [Read more…]
DUI, $5,000 mandatory fine for 5th DUI
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…]
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