SENTENCING: Judgment improperly omitted stay of restitution as pronounced orally… sex offender designation improperly imposed for theft… sex conditions improperly imposed based on rape conviction which was reversed and dismissed on remand, remanded for reconsideration of nexus… McLean reversed (IOR I-3(d)). [Read more…]
Cruelty to animals, horses, sale or adoption
CRUELTY TO ANIMALS: Sufficient evidence that owner should have been aware of risks to horses in small trailer without adequate food, water, medical… sale or adoption at County’s discretion properly ordered with any sale proceeds to be applied to [Read more…]
Search & seizure, Pastos routine inventory
SEARCH & SEIZURE: Pastos inventory searches affirmed… search of purse seized after shoplifting arrest and transported separately to station valid inventory search, suppression of cocaine in purse properly denied… Boucher affirmed. [Read more…]
Insurance fraud, roofing claim, $25,080 restitution
INSURANCE FRAUD conviction, $25,079.97 restitution, for roofing claim affirmed… Curtis affirmed. [Read more…]
Restitution, extradition costs, Idaho apprehension
RESTITUTION improperly imposed for extradition costs when Montana escapee was “apprehended” by Idaho officers… Sherlock reversed. [Read more…]
Instructions, elements of offense prior to opening
INSTRUCTIONS: Deschamps erred in instructing on elements of marijuana distribution prior to opening, but Defendant not prejudiced… conviction affirmed. [Read more…]
Mental commitment, jury findings
MENTAL COMMITMENT: Jury findings, along with Judge findings, sufficient to satisfy statutory commitment requirements notwithstanding §127(8) requirement of “detailed statement of facts”… involuntary medications properly supported… Langton affirmed. [Read more…]
Sentencing, recommended v. imposed
SENTENCING: Defendant failed to object to conditions which he now questions whether recommended or imposed… recommended conditions are non-binding… Fagg affirmed (IOR I-3(d)). [Read more…]
Rape, reversed past convictions, violent victim
RAPE: Criminal history including convictions which had been reversed for legal error precluded fair trial despite ample admissible evidence of guilt, conviction reversed, remanded for retrial… McLean reversed. [Read more…]
Sentencing, take care of out-of-state charges
SENTENCING: Condition of suspended theft sentence to resolve similar charges in other states not illegal… Stadler affirmed (IOR I-3(d)). [Read more…]