RESISTING ARREST: No abuse of discretion in denying in camera review of officer’s file for instances of excessive force where Defendant claims he was defending against unlawful assault… sufficient evidence that officer called in response to 911 stalking call was attempting to arrest Defendant and in any event there is never justification to use force simply because of being unaware of being arrested… Seel/Rienne McElyea affirmed. [Read more…]
PFMA, injury to girlfriend, moving expenses restitution
PFMA: Sufficient evidence to convict Defendant of injuring live-in girlfriend… restitution properly imposed for girlfriend’s expenses to move out… Herrington/H. Brown affirmed (memorandum). [Read more…]
DUI, observance of improper right turn, expert
DUI: Officer’s claim of seeing improper right turn properly accepted over forensic engineer’s testimony… Seel/J. Brown affirmed (IOR I-3(c)). [Read more…]
Municipal Court appeal, “interests of justice”
MUNICIPAL COURT APPEAL jurisdiction on “interests of justice” grounds properly declined over disorderly conduct conviction with $100 fine and $235 surcharges/fees (fine not considered enough to meet amount in controversy threshold)… Salvagni affirmed. [Read more…]
DUI, “reasonable” grounds to stop
DUI: Prosecutor’s comments that if Defendant was innocent she would have proven it by submitting to breath test improper but not sufficient to find plain error… conviction affirmed… Boucher affirmed. [Read more…]