DELIBERATE HOMICIDE: Conviction affirmed over claim of failure to instruct on defense of others… Halligan affirmed (memorandum). [Read more…]
SIWC, psychologist testimony via Zoom from Nantucket
SIWC: Psychologist erroneously allowed to testify via Zoom from Nantucket to bolster Prosecution witness… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Jury, for-cause challenge, deliberate homicide
JURY: No abuse of discretion in denying challenge of panelist for cause in triple homicide case… Jones affirmed (IOR I-3(c)). [Read more…]
Deliberate homicide, justifiable force comments
DELIBERATE HOMICIDE: Prosecutor’s closing comments on justifiable force not prejudicial to fair trial warranting plain error review. . . . Olson affirmed. [Read more…]
Child rape/sex assault, jury trial for not admitting
CHILD RAPE/SEXUAL ASSAULT: Continuance due to late disclosure properly denied… mistrial properly denied as to Prosecutor’s comments about necessity of jury trial… Defense Counsel rapped for suggesting that male jurors would appreciate how impossible it is to undress a woman who is resisting… Newman affirmed. [Read more…]
Rape, child accuser, prosecutorial misconduct, IAC
RAPE: Plain error review of Prosecutor’s comments on witness credibility, characterizing 12-year-old accuser as truthful and defense witnesses as liars and low-lifes, declined… claim of [Read more…]
Presence at critical stage
PRESENCE AT CRITICAL STAGE: No prejudice by being absent from juror qualification sidebar where prospective juror was excused by stipulation… Day affirmed. [Read more…]
Justifiable force, character evidence of victim
JUSTIFIABLE FORCE: Rulings on victim’s character, force in defense of occupied structure, properly applied under HB 228 [Read more…]
Justifiable force, character evidence of victim
JUSTIFIABLE FORCE: Rulings on victim’s character, force in defense of occupied structure, properly applied under HB 228 [Read more…]