CRIMINAL TRESPASS: Non-paying “guest” living in hotel storage closet properly convicted based on common hotel practices, no need for testimony from owner. . . erroneous judgment may be corrected by Justice Court to conform to pronouncement without need for remand. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]
Child endangerment, duty of care, intoxication
CHILD ENDANGERMENT: Conviction of mother who was alone with child while highly intoxicated after babysitter left affirmed. . . Bolstad/Kutzman affirmed (IOR I-3(c)). [Read more…]
Medical marijuana, non-cardholder caring for grow
MEDICAL MARIJUANA: Non-cardholder caring for absent cardholder’s grow operation not exempt from prosecution of marijuana charges. . . McKeon affirmed. [Read more…]
PFMA, Tribal Court conviction predicates
PFMA: Tribal Court convictions cannot be used to charge felony PFMA. . . Christopher reversed (order). [Read more…]
Prosecutorial misconduct/sentencing, pills
PROSECUTORIAL MISCONDUCT/SENTENCING: Prosecutor improperly urged stiff sentence because of drug Defendant’s jail phone “venting” against Prosecutor but did not influence sentence… counsel not ineffective for not seeking continuance so mother & sister could provide ameliorating testimony as to jail conversation… 10-year PFO sentence proper whether based on prior PFO or not… 23 supervision recommendations in judgment unlawful because not in oral pronouncement… Seeley affirmed, reversed. [Read more…]
Work comp theft, TTD termination procedures
WORK COMP THEFT not related to TTD termination process… conviction affirmed… Sherlock affirmed. [Read more…]
Procedure, failure to personally appear at hearing
PROCEDURE: Failure to personally appear at time set for pretrial hearing properly deemed waiver of jury… claimed mistake as to time insufficient excuse… Jenks/ Townsend affirmed (IOR I-3(d)). [Read more…]
Incest, prior accusations, intoxication by meds
INCEST: Request to examine accuser as to prior accusations properly denied for lack of showing of falsity… intoxication instruction based on prescription medications proper… new trial properly denied based on juror’s failure to disclose childhood [Read more…]
Drugs, knock & talk, address dispute, plain sight
DRUGS: Officers’ claim that they knocked on Defendant’s door to inquire about address they were seeking to serve arrest warrant properly accepted over Defendant’s claim his house and mailbox numbers were clearly visible, motion to suppress marijuana seized in excess of medical provider limit properly denied… $800 [Read more…]
Ineffective assistance/restitution, counsel costs
INEFFECTIVE ASSISTANCE/RESTITUTION: Challenge of failure to conduct Finley hearing and to restitution waived by failure to object… order to pay counsel costs improperly imposed without inquiry into ability to pay… Fagg affirmed, reversed (IOR I-3(d)). [Read more…]