DELIBERATE HOMICIDE: Federal habeas claims by 2005 killer properly rejected… Christensen affirmed (memorandum). [Read more…]
Ineffective assistance, multiple sex offense prosecutions
INEFFECTIVE ASSISTANCE: Counsel’s failure to make multiple prosecution arguments that were successful in subsequent similar case not ineffective assistance per Montana Supreme Court’s determination that later decision was significant departure from prior jurisprudence… habeas properly denied… Watters affirmed (memorandum). [Read more…]
Sentencing, supervised release violation, more prison
SENTENCING: Sentence for violating supervised release which extends incarceration beyond maximum for felon in possession without jury findings per 9th Circuit precedent not violative of 5th/6th Amendments under Haymond plurality… Morris affirmed. [Read more…]
Sentencing, 110 years no parole, juvenile double killer
SENTENCING: Habeas challenge of 110 years no parole for juvenile killer properly dismissed as untimely… Morris affirmed (memorandum). [Read more…]
Interfering with Forest Officer, “hyperbolic” statements
INTERFERING WITH FOREST OFFICER: “Hyperbolic” statements about having AR-15 and knowing how to use it to “trespassing” officers constituted “true threats”… conviction affirmed… Morris affirmed (memorandum). [Read more…]
Habeas, juror bias, IAC, child sex victim inconsistencies
HABEAS claims of juror bias and ineffective assistance related to child sex victim’s inconsistencies properly rejected. . . Ostby affirmed (unpublished). [Read more…]
Plea agreement, ineffective assistance remedy
PLEA AGREEMENT: Reoffer of original plea agreement proper habeas remedy for counsel’s failure to inform Defendant of a favorable plea offer. . . Lynch/Molloy affirmed (unpublished). [Read more…]
Habeas, IAC claims, deliberate homicide
HABEAS petition properly denied as to IAC claims by deliberate homicide Defendant. . . Molloy affirmed (unpublished). [Read more…]
Plea agreement, rejected reoffered agreement
PLEA AGREEMENT: No abuse of discretion in rejecting reoffered agreement following Molloy’s order to reoffer equivalent terms of illegal “consecutive PFO” offer which counsel had not communicated to Defendant who likely would not have accepted… Langton affirmed. [Read more…]
Aggravated sex abuse, minor girls
AGGRAVATED SEX ABUSE: Sufficient evidence to convict Defendant of rape years earlier when girls were 12 or 13… bill of particulars properly denied following disclosure of entire file… Morris affirmed (unpublished). [Read more…]