ENDANGERMENT: Judgment of acquittal properly denied because jury could have concluded that Defendant knew there was substantial risk in purchasing half-gallon of whiskey for 18-year-old who chugged it and was hospitalized and air-flighted with .584 BAC, but admission of 2002 endangerment conviction for purchasing alcohol for 15-year-olds resulting in death of one and serious injury to other insufficiently probative and overly prejudicial… conviction reversed, remanded for new trial… Dayton affirmed/reversed. [Read more…]
Aggravated kidnap, testimonial videos in jury room
AGGRAVATED KIDNAP: Allowing jurors unsupervised access to testimonial videos during deliberation reversible trial error… remanded for new trial… Dayton reversed. [Read more…]
Incest, 17-year-old consensual sex with father
INCEST: 17-year-old who had consensual sex with father not legally accountable for father’s incest, distrust instruction properly refused… corroborating evidence still required, and was offered… conviction affirmed… Dayton affirmed (other grounds). [Read more…]