SENTENCING: Brief mention of lack of remorse by Defendant who maintained innocence of sex abuse of daughter offset by extensive other reasons including video showing him placing camera in shower… Murnion affirmed (IOR 3(c)). [Read more…]
Sentencing, cell phone restriction
SENTENCING: As-applied constitutional challenge to probation condition limiting cell phone access waived by failure to object. . . Fagg affirmed. [Read more…]
Tampering, detective framed for staged arson
TAMPERING: Defendant’s prior involvement with Detective whom he was accused of framing for staged arson properly admitted for context. . . convictions for tying door shut and planting knife with detective’s name “included” in each other, counsel ineffective for failing to raise multiple conviction statute resulting in 2 sentences of 10 years each instead of 1, remanded for re-sentencing. . . Jones affirmed, reversed. [Read more…]
PFMA/jurisdiction/venue
PFMA/JURISDICTION/VENUE: Court’s jurisdiction/venue jurisprudence brought into line with overlooked 1967 amendments to 46-3-111(2): defendant waives right to object to county in which a charge is filed if he fails to object before 1st witness is sworn, but prosecution must prove proper jurisdiction at trial. . . Defendant did not timely object to county in which City filed PFMA charges and therefore waived venue objection. . . City failed to present any evidence as to where one of 2 PFMAs occurred and thus did not prove jurisdiction. . . 1 PFMA conviction affirmed, 1 reversed. . . Menahan affirmed, reversed. [Read more…]
Resisting arrest/obstruction
RESISTING ARREST/OBSTRUCTION convictions affirmed. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Sentencing, revocation consecutive to federal sentence
SENTENCING: Revoked sentence improperly ordered consecutive to federal sentence. . . error to revoke without discussing elapsed time, but challenge waived by failure to object. . . Jones affirmed, reversed (IOR I-3(c)). [Read more…]
Ineffective assistance, improper disclosure
INEFFECTIVE ASSISTANCE: Appointed lawyer’s violation of duties of loyalty & confidentiality by questioning Defendant’s entrapment defense with improper email disclosure did not affect outcome, thus no prejudice… suspended license/no insurance convictions affirmed… Wheelis affirmed. [Read more…]
Mental commitment, walking in traffic, medicate
MENTAL COMMITMENT: Sufficient evidence to commit woman found walking in traffic, involuntarily medicate as “may be necessary”… Moses affirmed. [Read more…]
Seizure, car at isolated overlook
SEIZURE: Car at overlook not “seized” by officers pulling behind, checking on occupants… suppression of drugs properly denied… Olson affirmed (IOR I-3(c)). [Read more…]