JUSTIFIABLE FORCE: Defendant may not offer interview statement made 4 months after shooting to prove that at time of shooting he knew of instances of violence by deceased as told to him by woman deceased had allegedly abused… no hearsay exception… supervisory control reversing Olson… opinion & order. [Read more…]
Sentencing, restitution, no contact with spouse
SENTENCING: Open-ended restitution for future counseling of rape victim illegal, remanded for specificity of amount… condition [Read more…]
Transaction rule, uncharged conduct, rape/incest
TRANSACTION RULE: Uncharged misconduct properly admitted as “inextricably linked” to charges of sex with daughter over extended period in environment of religious control and violence by father, both as to acts of which daughter was [Read more…]
Robbery/prosecutor conduct, newspaper interview
ROBBERY/PROSECUTOR CONDUCT: Subpoena of reporter properly quashed as to allegedly inconsistent statement by victim as to whether handgun or shotgun used… evidence of victim’s pending charges and pretrial release conditions properly excluded (issues raised first time on appeal, also rejected on merits)… comments about Defense’s failure to [Read more…]
Search/seizure, protective sweep, hotel room
SEARCH & SEIZURE: Protective sweep of hotel room following arrest of person being sought reasonable to ensure safety at scene, marijuana/pipe in plain view, subsequent admission of meth possession by girlfriend of suspect did not stem from evidence obtained by [Read more…]