DELIBERATE HOMICIDE: Prosecutor’s opening and closing comments about local drug culture not misconduct in light of underlying drug issues involving Defendant and eyewitness… some ineffective assistance claims rejected, others more proper for postconviction… conviction affirmed… Souza affirmed. [Read more…]
Sentencing, jail time as part of deferred imposition
SENTENCING: Jail time properly imposed as part of deferred imposition for paraphernalia… Walker/Todd affirmed. [Read more…]
Felony murder, IAC, assault & murder spree
FELONY MURDER charge stemming from assault & murder spree in small area and very short time properly addressed at trial and on appeal, counsel not ineffective in dealing with it… Gustafson affirmed. [Read more…]
Continuance, procedures
CONTINUANCE: Motion for continuance to retain investigator not well-grounded in fact or law, appears to be only for delay, denied… procedure for filing motion ex parte not followed, motion & brief will remain in public record… Molloy. [Read more…]
Machine gun, knowledge of possession,
MACHINE GUN: Sufficient circumstantial evidence that Defendant knew he possessed a machine gun… Cebull affirmed (unpublished). [Read more…]
Felon in possession, confidential informant
FELON IN POSSESSION: Hearsay as to confidential informant’s role in investigation harmless error… Shanstrom affirmed (unpublished). [Read more…]
Sentencing, curfew condition, adult drug dealer
SENTENCING: Discretionary curfew proper for adult drug dealer… Watters affirmed (IOR I-3(d)(v)). [Read more…]