JUSTIFIABLE FORCE/SENTENCING: Victim’s violent/threatening tendencies unknown to Defendant at time [Read more…]
Sentencing, plea agreement
SENTENCING issues waived in plea agreement, appeal dismissed (unpublished). [Read more…]
Suspended license, DMV documents challenge
SUSPENDED LICENSE: General objection insufficient to preserve confrontation right challenge as to DMV [Read more…]
Evidence, hearsay “adoption,” criminal mischief
EVIDENCE: Criminal mischief Defendant did not adopt friend’s hearsay statement to officer as to intoxicated Defendant’s role in setting dumpster fire… conviction reversed, remanded for new trial… Deschamps reversed. [Read more…]
Plea withdrawal, mitigated v. deliberate homicide
PLEA WITHDRAWAL: Defendant did not effectively withdraw nolo plea to mitigated deliberate homicide after Judge first accepted plea then rejected plea agreement… Judge did not obtain acknowledgment that Defendant understood rights and made voluntary waiver of right to stand on nolo plea… Defendant improperly tried and convicted on deliberate [Read more…]
Sexual assault/ineffective assistance/postconviction
SEXUAL ASSAULT/INEFFECTIVE ASSISTANCE/POSTCONVICTION: Insufficient evidence of recantation by child… no error in not objecting to questions that did not warrant objection… no prejudice in not being present at chambers discussions of jury inquiries… claim of ineffective assistance by direct appeal counsel waived by failure to raise in [Read more…]
Double jeopardy, federal revocation, meth
DOUBLE JEOPARDY: Federal revocation for meth possession not a “punishment” that would invoke double jeopardy as to State meth prosecution… McLean affirmed. [Read more…]
Aggravated assault, “consent” of bar fight victim
AGGRAVATED ASSAULT: Against public policy for consent of victim to be defense to aggravated assault (1st impression)… Defendant’s conduct at other bars and video of post-arrest interview properly admitted under transaction rule… intoxication due process claim not preserved for appeal… Swandal affirmed. [Read more…]