DRUGS: Conviction for conspiracy to distribute meth and fentanyl affirmed over challenge to hearsay at sentencing hearing… Christensen affirmed (memorandum). [Read more…]
Competency, involuntary medication to bring to fitness
COMPETENCY: Involuntary medication properly ordered to bring delusional homicide defendant to fitness to proceed… petition for supervisory control considered as petition for injunction in light of both factual and legal issues… Seeley affirmed. [Read more…]
Sentencing, obstruction parole restriction
SENTENCING: Parole restriction properly imposed on obstruction count stemming from death of boyfriend’s child despite no restriction on boyfriend… violent offender registration improperly imposed… Jones affirmed, reversed. [Read more…]
Drugs, driver “free to go” but vehicle not
DRUGS: Dog search lawfully carried out pursuant to warrant based on suspicion… driver not improperly detained by Trooper repeatedly telling him that he was free to go but his vehicle was not… Gilbert affirmed. [Read more…]
Double jeopardy, aggravated assault, felony PFMA
DOUBLE JEOPARDY not implicated by prosecution for aggravated assault after guilty plea to felony PFMA was vacated… Todd affirmed. [Read more…]
Traffic stop, stencil tail lights visibility
TRAFFIC STOP: Particularized suspicion to stop vehicle with stencil covers on tail lights based on need to establish whether lights were visible at 1,000 feet… drug suppression properly denied… Larson affirmed. [Read more…]
Forfeiture, Hummer/cash, murder/drugs suspect
FORFEITURE: Warrant to search Hummer purportedly owned by Washington murder/drugs suspect properly issued and executed… personal service of notice of forfeiture hearing not required when attorney received proper notice… seizure of Hummer and cash in tool box affirmed as to suspect… mother claiming co-ownership of Hummer not properly served, forfeiture of Hummer as to her reversed… Townsend affirmed, reversed. [Read more…]