DUI: Miranda and statutory and constitutional speedy trial claims properly rejected in case of motorist who drove into snowbank when startled from sleep while stopped in driving lane… Swingley/Reynolds affirmed (IOR I-3(c)). [Read more…]
Attorney substitution, assault with weapon Defendant
ATTORNEY SUBSTITUTION properly denied for assault with weapon Defendant… Manley affirmed. [Read more…]
Failure to yield, other driver/witnesses not called
FAILURE TO YIELD: Prosecutor not required to call other driver or MVA witnesses to satisfy Defendant’s confrontation right, officer’s testimony sufficient for conviction… Happe/Gilbert affirmed (IOR I-3(c)). [Read more…]
Theft, failure to refund purchase, criminal v. civil
THEFT: Failure to refund purchase price of canceled cooler sale properly pursued as criminal rather than civil… Happe/Gilbert affirmed (IOR I-3(c)). [Read more…]
Revocation, failure to complete treatment in custody
REVOCATION: Defendant wrongly revoked for failure to complete sex treatment while in custody when sentence only required completion of treatment with no time specified… R. McElyea reversed. [Read more…]
Mental commitment, involuntary medication
MENTAL COMMITMENT: Involuntary medication properly authorized despite “cherry-picked” comment of empathy that it probably would not be necessary… Gilbert affirmed (IOR I-3(c)). [Read more…]
Parental rights, Mother’s rights, child with Father
PARENTAL RIGHTS of Mother improperly terminated as to child residing with its father… Best reversed. [Read more…]
DUI, felony predicate
DUI: Defendant failed to show that he was not convicted of 2004 felony predicate DUI or that the conviction was obtained in violation of his rights… Deschamps affirmed (IOR I-3(c)). [Read more…]
Sentencing, “street time” in revocation proceeding
SENTENCING: No discretion under 2017 statute to deny credit for “street time” in revocation proceeding, time must be credited unless there is evidence in the record or recollection of the PO that the defendant committed a violation during the relevant period as correctly found here… Murnion affirmed. [Read more…]
Mental commitment, businesswoman with insomnia
MENTAL COMMITMENT: Successful businesswoman with supportive family who was experiencing insomnia and other behavior changes and diagnosed as bipolar properly committed to MSH… Krueger affirmed. [Read more…]