DUI: Defendant not “unreasonably impeded” from obtaining independent blood test… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Jury waiver, DUI Defendant
JURY WAIVER: DUI Defendant properly found to have waived right to jury trial… Bolstad/Parker affirmed (IOR I-3(c)). [Read more…]
Drugs, hotel room door kick-in
DRUGS: Exigent circumstances supported kicking in suspected dealer’s hotel room door… Wilson affirmed. [Read more…]
DUI, Alaska DUIs for felony enhancement
DUI: Alaska statute sufficiently similar to Montana’s for felony enhancement… Newman affirmed. [Read more…]
Assault with weapon, self-defense, pretrial silence
ASSAULT WITH WEAPON: Prosecutor’s cross and comments on Defendant’s newly disclosed claim of self-defense, although inadvisable, not an infringement on right to pretrial silence… Todd affirmed (IOR I-3(c)). [Read more…]
Incest, jury room video of 10-year-old’s interview
INCEST: Jury inappropriately allowed to watch in jury room unspecified parts of interview of 10-year-old without isolating the specific area giving difficulty… conviction reversed, remanded… Berger reversed. [Read more…]
DUI, national park DUI felony enhancement
DUI: Felony enhancement based on national park DUI reversed… J. Brown reversed… order. [Read more…]
Drugs, search of out-of-gas pickup driven by Mexican
DRUGS: Probable cause to search out-of-gas pickup driven by Mexican who had been in US since 7 months old but had no ID, no basis for profiling claim… suppression of drugs found in pickup properly denied… Swingley/McMahon affirmed (IOR I-3(c)). [Read more…]
DUI, graveled area, Norquay instruction
DUI: No abuse of discretion in giving Norquay instruction after 3 hours of deliberation on whether graveled area was way of state. . . conviction affirmed. . . Souza affirmed. [Read more…]
Assault with weapon, speedy trial, sentencing
ASSAULT WITH WEAPON: Speedy trial claims involving timing of arrest, warrant for bond violations, and incarceration due to revocation of prior sentence properly rejected. . . sentencing rights not violated by anonymous jailhouse informant letter. . . 2 IT fees improperly imposed. . . Spaulding affirmed, reversed. [Read more…]