ASSAULT WITH WEAPON/PFMA: Conviction affirmed over claims of prosecutorial misconduct… Cuffe affirmed (memorandum). [Read more…]
Sentencing, pilot conditions permitting search of devices
SENTENCING: AP&P pilot conditions permitting search of devices and disclosure of intimate partner relationships improperly imposed on PFMA Defendant… Kutzman reversed. [Read more…]
Assault with weapon, justifiable force instruction denied
ASSAULT WITH WEAPON: Justifiable force instruction in shoving match that escalated to stabbing improperly refused on basis that Defendant had not presented evidence of his state of mind, but the evidence nevertheless did not support the instruction… Harris affirmed (other grounds). [Read more…]
Restitution, $280,000 for theft of cash from safe
RESTITUTION: $280,000 properly awarded for theft of cash from deceased’s safe… Kutzman affirmed (memorandum). [Read more…]
Judge substitution, consolidated Informations
JUDGE SUBSTITUTION: Supervisory control granted reversing Grubich’s denial of substitution in convoluted case involving consolidation of 2 Informations… Order. [Read more…]
DUI, independent blood draw, confused advisories
DUI: Defendant not impeded from obtaining independent blood draw by confused advisories between supervisor and trainee… Halligan affirmed (memorandum). [Read more…]
Judicial conduct, criticism of counsel’s strategy
JUDICIAL CONDUCT: Judge’s criticism of Defense Counsel’s strategy was improper but did not compromise trial integrity… conviction of truck driver of criminal endangerment for driving along interstate with large paper rolls in danger of falling out after crash affirmed… Deschamps affirmed (memorandum). [Read more…]
DUI, sleeping driver sprawled on seat of truck
DUI: Jury properly instructed that Defendant found sleeping sprawled on seat of truck need not be conscious to be in actual physical control of vehicle… not prejudiced by absence of photos showing him sleeping… §61-8-731(3) mandatory $5,000 fine without regard to ability to pay is facially unconstitutional… Cuffe affirmed, reversed. [Read more…]
DUI, stop based on license check showing suspended
DUI: Trooper properly stopped driver who passed him based on license check showing suspended license even though no poor driving… sufficient evidence of DUI despite no BAC evidence… discretionary fees properly imposed on Defendant who was uncooperative in disclosing finances… Hayworth affirmed (memorandum). [Read more…]
PFMA, prior altercations provide context for behavior
PFMA: Prior altercations properly admitted to provide context for Defendant’s pattern and reasons for partner’s reactions… Eddy affirmed. [Read more…]