RESTITUTION: Murder victim’s father’s affidavit of loss is unclear what part of his restitution sought is attributable to expenses incurred while subpoenaed as trial witness and for which the County would be responsible… remanded for clarification… Allison reversed. [Read more…]
Obstruction, conduct-based v. result-based “knowingly”
OBSTRUCTION: Improper conduct-based “knowingly” instruction allowed jury to disregard Defendant’s explanation of why he walked away from officer at traffic stop… failure to object was ineffective assistance requiring retrial… Lint reversed (memorandum). [Read more…]
Mental commitment, waiver of presence at hearing
MENTAL COMMITMENT: Counsel’s waiver of presence at initial hearing due to dementia and hearing loss plain error, commitment reversed… Eddy reversed. [Read more…]
Charging documents, “person of common understanding”
CHARGING DOCUMENTS: Although truncated and not supported by affidavit, misdemeanor citations for criminal trespass to vehicles and theft were sufficient that “a person of common understanding” could know what is intended to be charged… Seel/Rienne McElyea affirmed (memorandum). [Read more…]
Mental commitment, oral/written findings sufficiency
MENTAL COMMITMENT: Extensive oral findings sufficiently buttressed bare bones written findings to support commitment… Rienne McElyea affirmed (memorandum). [Read more…]
Sentencing, illegal sentence v. invalid plea/conviction
SENTENCING: Challenge of validity to nolo plea to sexual abuse of children rejected on basis that 2014 conviction is time-barred and habeas is not available to challenge legal sentence… Hansen and Hardin overruled to extent they failed to distinguish between illegal sentence and invalid plea. [Read more…]
Plea withdrawal, PFMA
PLEA WITHDRAWAL to PFMA after subsequent PFMAs filed properly denied… Beal/Townsend affirmed (memorandum). [Read more…]
Sentencing, presumption of deferred, meth possession
SENTENCING: Presumption of deferred sentence for meth possession not overcome, suspended sentence improperly imposed… Cuffe reversed. [Read more…]
Assault with weapon, disputed small knife
ASSAULT WITH WEAPON: Conviction in altercation involving disputed small knife affirmed… Newman affirmed (IOR I-3(c)). [Read more…]
Drugs, vehicle probation search near “drug house”
DRUGS: Vehicle probation search proper based on officer’s suspicion of connection to nearby “drug house” even if PO only referenced out-headlight basis for stop… Berger affirmed (IOR I-3(c)). [Read more…]