JURY RIGHT properly found waived by failure to appear at pretrial hearing, disorderly conduct conviction affirmed… Halligan affirmed. [Read more…]
Revocation, “non-compliance” protection order violation
REVOCATION: Defendant’s deferred misdemeanor sexual assault sentence properly revoked for “non-compliance” violation by driving within no-go zone of order of protection even though he was acquitted of violating the order… Pope not manifestly wrong or distinguishable… until Legislature remedies the confusing omission of misdemeanor revocation processes courts must derive their authority to revoke misdemeanor sentences from §46-18-203(7)(a)(iii) (2017)… Jenks/Vannatta affirmed. [Read more…]
Revocation, 2017 amendment, felony v. misdemeanor
REVOCATION: 2017 amendments to §46-18-203 pertain only to revocation of felony probation/parole, PFMA misdemeanant properly revoked for using intoxicants without exhausting MIIG procedures… Jenks/Deschamps affirmed. [Read more…]