DELIBERATE HOMICIDE: State’s alternative theory of accountability by phantom shooter submitted to jury without sufficient evidence… verdict form did not allow jury to declare guilt or innocence regarding each of the charged offenses or theories of liability… errors not harmless, reversed and remanded for new trial… Christopher reversed. [Read more…]
Prostitution promotion, pro se, video testimony
PROSTITUTION PROMOTION: Summary grant of Defendant’s motion to proceed pro se 4 days before trial was not plain error, but the alleged victim’s testimony from New Mexico via video violated Defendant’s confrontation rights… conviction reversed, remanded for retrial… Harris affirmed, reversed. [Read more…]
Attempted deliberate homicide, standoff shooting
ATTEMPTED DELIBERATE HOMICIDE: Conviction stemming from standoff shootout with weapon enhancement affirmed… Murnion affirmed. [Read more…]
Postconviction, co-defendant findings by another judge
POSTCONVICTION petition properly denied without a hearing based on findings by another Judge in co-defendant’s case… Larson affirmed. [Read more…]
Negligent homicide, shooting of brother, pros conduct
NEGLIGENT HOMICIDE: Conviction in shooting of brother affirmed over claim of prosecutorial misconduct… ineffective assistance claim more amenable for postconviction… weapon enhancement consecutive to PFO sentence proper… Cuffe affirmed. [Read more…]
Deliberate homicide, failure to disclose already charged
DELIBERATE HOMICIDE: Failure to inform Defendant during interview that he had already been charged insufficient to require suppression… fees/costs improperly imposed without considering ability to pay… Cybulski affirmed, reversed. [Read more…]
Assault with weapon/burglary, predicate/principal
ASSAULT WITH WEAPON/BURGLARY: Because predicate of assault with weapon merged into principal of burglary, assault with weapon must be vacated, remanded for resentencing for burglary… Spaulding reversed. [Read more…]
Incest, ineffective assistance, prosecutorial misconduct
INCEST: Postconviction claims alleging ineffective assistance and prosecutorial misconduct rejected… Gilbert affirmed (memorandum). [Read more…]
Incest, false child reports expert
INCEST: Defendant improperly precluded from calling expert to testify regarding general information of false reports in child sex abuse cases… conviction reversed, remanded for new trial… Berger reversed. [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…]