MENTAL COMMITMENT: Refusal to leave protective custody cell and attacking anyone who came in contact with her and the area outside her cell being too small to allow COVID distancing justified in absentia commitment hearing… Reynolds affirmed (memorandum). [Read more…]
Endangerment, near miss of deputy on mountain road
ENDANGERMENT: Sufficient evidence to convict DUI driver who caused near miss with deputy on mountain road of criminal endangerment… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Vehicular homicide DUI, THC per se amount
VEHICULAR HOMICIDE DUI conviction for death of motorcyclist affirmed over substantive due process and equal protection challenges to THC per se amount… Todd affirmed. [Read more…]
Rape/sexual assault, child’s out-of-court statements
RAPE/SEXUAL ASSAULT: Day-of-trial amendment to Information to enlarge time of alleged offenses against child properly allowed as one of form and not substance… out-of-court statements by child in forensic interview and testified to by her counselor properly admitted due to difficulty parsing mixed inconsistent and consistent statements (but not under Judge’s hearsay exception concepts of “declarant testified earlier” or “link it up later”)… Haynes affirmed (IOR I-3(c)). [Read more…]
Mental commitment, involuntary medication
MENTAL COMMITMENT: Involuntary medication properly authorized despite “cherry-picked” comment of empathy that it probably would not be necessary… Gilbert affirmed (IOR I-3(c)). [Read more…]
Sexual assault of child, 6-6 jury dynamite instruction
SEXUAL ASSAULT OF CHILD conviction affirmed over challenges to territorial jurisdiction, prosecutorial conduct, 6-6 jury dynamite instruction… McMahon affirmed (IOR I-3(c)). [Read more…]
Deliberate homicide, evidence of abuse of wife
DELIBERATE HOMICIDE: Defendant’s lawyer may have had good reason not to object to evidence of abuse of wife but in any event no prejudice as evidence was overwhelming that he threw victim off bridge as opposed to victim falling… Wilson affirmed (IOR I-3(c)). [Read more…]
Sentencing, claim that State undermined plea agreement
SENTENCING: Claim that State undermined plea agreement at sentencing hearing rejected, sentence of 10 years, 2 suspended for Defendant charged with rape who plea bargained to intimidation and 3 years deferred affirmed except for tier level designation as intimidation is not a sex offense… Kutzman affirmed, reversed (IOR I-3(c)). [Read more…]
Speedy trial, 422 days, DUI, fall through cracks
SPEEDY TRIAL violated by 422-day delay of felony DUI case including incarceration longer than maximum sentence… Souza reversed. [Read more…]
Information amendment, morning of trial
INFORMATION AMENDMENT: Morning of trial amendment changing date of failure to give notice of sex offender’s change of address by 7 months was substantive, not mere correction of “scrivener’s error,” improperly allowed, conviction reversed… McKeon reversed. [Read more…]