SENTENCING: 5-years for deceptive practices/PFO properly imposed consecutive to 14-year federal sentence, was not merely to assure restitution… Watters affirmed. [Read more…]
Negligent homicide, wrong way on Interstate
NEGLIGENT HOMICIDE: Panelist who expressed concerns about drinking & driving properly not excused for cause… seizure expert properly excluded for lack of connection to Defendant’s driving… DUI as lesser-included of vehicular homicide while [Read more…]
Speedy trial, implicit findings per Prosecution
SPEEDY TRIAL claim denial supported by implicit findings as stated in Prosecutor’s argument over claim of failure to analyze Ariegwe factors… unlawful restraint conviction affirmed… Todd affirmed (IOR I-3(d)). [Read more…]
Ineffective assistance, “initial inquiry”
INEFFECTIVE ASSISTANCE: “Initial inquiry” adequate… Todd affirmed.
The State alleged that following removal of Tyson Happel’s [Read more…]
Vehicular homicide under influence
VEHICULAR HOMICIDE UNDER INFLUENCE: Juror who expressed concern about even a little drinking but recognized law is superior to his feelings properly not excused for cause… no prejudice from video deposition of elusive witness who refused to attend trial… bailiff’s error in providing video equipment in jury room to view patrol car videos [Read more…]
DUI, running license plate, registered owner
DUI: Running exposed plate not a search, no reason to believe driver was not owner… motion to suppress denied… felony DUI affirmed… Gustafson affirmed. [Read more…]