CHILD PORNOGRAPHY/SENTENCING: Level III sex offender designation properly imposed… legal fees/expenses not pronounced orally improperly imposed in written judgment… 4 days time served promised but not credited… Simonton affirmed, reversed (IOR I-3(d)). [Read more…]
Speedy trial, misdemeanor reckless driving
SPEEDY TRIAL: Difficult pregnancy of eyewitness to alleged reckless driving good cause for delaying misdemeanor trial past 6 months even though she ultimately was not called… Sherlock affirmed. [Read more…]
Theft, juror challenge, ex-sheriff, small county
THEFT: Plain-error review denied as to failure to sua sponte declare mistrial or change venue because of comments by panelists as to ex-Sheriff Defendant in small county… challenge for cause properly denied… ineffective assistance claims more amenable to postconviction… [Read more…]
Plea withdrawal, recanted PFMA allegation
PLEA WITHDRAWAL: Girlfriend’s recanting PFMA allegation months before guilty plea not new evidence for withdrawal… Watters affirmed. [Read more…]
Drugs/procedure/assistance, amended charge
DRUGS/PROCEDURE/INEFFECTIVE ASSISTANCE: New omnibus hearing not required following addition of lesser-included based on same facts… alternative charge not good cause for untimely motion to suppress… counsel not ineffective for not timely moving to suppress based on [Read more…]
PFMA, expert disclosure, juror bias
PFMA: State complied with expert disclosure requirements by listing victim advocate despite not filing report of expected testimony, constitutionality of discrepancy between prosecutor’s and defendant’s disclosure duties not reached… prospective juror predisposed against [Read more…]
Revocation, “personality disordered” v. mental
REVOCATION: Sufficient evidence that “personality disordered” Defendant did not suffer mental disease… properly revoked, properly sentenced to MSP rather than alternative… McLean affirmed. [Read more…]