LEADING QUESTIONS: Corporate fraud conviction affirmed over challenge to extensive leading of key witness CFO against CEO. . . Christensen affirmed (memorandum). [Read more…]
$213,163 restitution, insurance fraud
RESTITUTION: $213,163.25 properly ordered for insurance fraud… Molloy affirmed (unpublished). [Read more…]
Assault by strangulation, general v. specific intent
ASSAULT BY STRANGULATION is general intent crime (as opposed to specific), aimed at protecting Native American women from increasing domestic abuse, jury properly instructed to disregard Defendant’s intoxication… Morris affirmed. [Read more…]
Nolo plea validity
PLEA VALIDITY: Challenge of validity (as opposed to plea withdrawal) of nolo plea to negligent homicide of grandson from oxycodone rejected… Pinski affirmed (IOR I-3(c)). [Read more…]
Sex abuse of minor, basement search for teens
SEX ABUSE OF MINOR: Warrantless search of basement with missing teen girls, adult males, alcohol justified by nonverbal consent of Defendant’s mother, exigent circumstances… Morris affirmed (unpublished). [Read more…]
Sentencing, no association with own daughters
SENTENCING: Defendant who attempted sex with 16-year old improperly barred upon supervised release from association with his daughters absent individualized review and explicit findings supported by evidence that conditions necessary for deterrence, [Read more…]
Indians, “Indian” status
INDIANS: Defendant is “Indian” despite claim that he does not identify and is not socially recognized as Indian… Haddon affirmed. [Read more…]
Procedure/sentencing, jury readback, enhancement
PROCEDURE/SENTENCING: Judge’s readback to jury of officer’s testimony erroneous after “forgetting” to give intended [Read more…]
Ineffective assistance, bad advice, trial strategy
INEFFECTIVE ASSISTANCE: Defendant prevented by erroneous advice as to potential meth sentences from being able to make intelligent choice between pleading guilty and going to trial… trial strategy elicited testimony that proved [Read more…]
Major Crimes Act, nonmember Indians
MAJOR CRIMES ACT: Defendants with Indian blood who are not members of a federally recognized tribe not amenable to prosecution under MCA… sex abuse/assault convictions reversed… Haddon reversed. [Read more…]