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…]
Incest, claim of mistaking 11-year-old with ex-wife
INCEST: Conviction of sexual contact with 11-year-old daughter affirmed over claim of mistakenly thinking in semi-conscious state that she was his ex-wife… Gilbert affirmed (IOR I-3(c)). [Read more…]
Rape, “dog-whistle” racism, black Defendant
RAPE/KIDNAP: Claim of “dog-whistle racism” in prosecution of black Amtrak attendant for attack of “southern ladies” not established for plain error review… trial counsel not ineffective… costs improperly imposed… Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
Bail jumping, bounty hunter’s negative comment
BAIL JUMPING: Bounty hunter’s unsolicited comment that former polygamist “more or less devoted his entire life to indoctrinating and brainwashing his family” insufficiently prejudicial to warrant mistrial. . . McMahon affirmed (IOR I-3(c)). [Read more…]
Incest, “sexual contact” “humiliate, harass, or degrade”
INCEST: Challenge of “humiliate, harass, or degrade” in “sexual contact” statute and instruction as unconstitutionally vague waived by failure to raise until day after trial when juror expressed concern about being misled. . . statutory 100 years with no parole for 25 years for incest with minor proper based on finding that “the ultimate protection of the victim and society” exception not applicable. . . judgment improperly imposed 2 consecutive sentences by default when pronouncement imposed concurrent. . . Cybulski affirmed, reversed. [Read more…]
Deliberate homicide, interview videos, jail clothes
DELIBERATE HOMICIDE conviction affirmed over challenge to interview videos with Defendant in jail clothes and restraints shown to jury, State’s failure to disclose witness’s change in story when it learned of the change the morning of trial. . . Manley affirmed (IOR I-3(c)). [Read more…]
Work comp theft, “were they lying?”, $70.680.34
WORK COMP THEFT: Ineffective assistance claims including failure to object to Prosecutor’s “were they lying?” rejected. . . wage garnishment properly admitted as probative of motive to stage “accident”. . . $70,680.34 restitution for faked claim properly imposed. . . Seeley affirmed. [Read more…]
Youth, rape of intoxicated girls, District Court
YOUTH accused of raping 2 intoxicated girls properly processed in District Court, but sentence should have provided for sentence review… Pinski affirmed, reversed. [Read more…]
Postconviction, child rape, ineffective assistance
POSTCONVICTION: 8 IAC claims by child rape Defendant rejected as raised 1st time on appeal, 5 rejected for failure to establish alleged facts… Newman affirmed (IOR I-3(c)). [Read more…]
$1,001,000 settlement, land access dispute death
SETTLEMENT: $1,001,000, land access dispute death. [Read more…]