POSTCONVICTION: Ineffective assistance claims by sexual assault Defendant involving retained trial and appellate counsel and State Bar-resolved dispute over $150,000 “fixed fee” contract properly rejected… Salvagni affirmed. [Read more…]
DUI, California statute sufficiently similar to Montana’s
DUI: California statute which does not specify where the offense occurs is sufficiently similar to Montana’s statute which specifies “upon the ways of this state open to the public” to support felony enhancement… McElyea affirmed. [Read more…]
DUI, blood toxicology evidence, physical control
DUI: Blood toxicology properly admitted despite failure to log lot numbers or expiration dates for collection tubes… sufficient evidence of physical control by intoxicated Defendant found sitting in non-running vehicle with key in console… felony conviction affirmed… Brown affirmed. [Read more…]
Restitution, no LifeLock for missing SS cards
RESTITUTION: Defendant who stole credit cards properly found accountable for missing SS cards but improperly ordered to pay restitution for LifeLock for victims… Brown affirmed, reversed. [Read more…]
Restitution, vandalism to 5 vehicles, single count
RESTITUTION properly imposed for damage to 5 vehicles that was alleged under single count of criminal mischief but amount for 1 vehicle improperly based on initial repair estimate rather than later lower estimate… Brown affirmed, reversed. [Read more…]
DUI, Prosecutor’s comments on Defendant’s credibility
DUI: Claim of improper prosecutorial comments on Defendant’s credibility and credibility instruction rejected… Holly Brown affirmed (memorandum). [Read more…]
Substitute counsel, not seemingly substantial complaints
SUBSTITUTE COUNSEL based on not seemingly substantial complaints properly denied without hearing… murder/attempted murder convictions affirmed… H. Brown affirmed. [Read more…]
Stalking, in person + unknown presence video = felony
STALKING: Felony stalking conviction affirmed where victim saw defendant in person and later saw him on video depicting his then unknown presence at another location… Rienne McElyea affirmed (memorandum). [Read more…]
Mental commitment, oral/written findings sufficiency
MENTAL COMMITMENT: Extensive oral findings sufficiently buttressed bare bones written findings to support commitment… Rienne McElyea affirmed (memorandum). [Read more…]
Postconviction, “prison mailbox rule,” Justices recusal
POSTCONVICTION claims by prisoner properly found time-barred, federal “prison mailbox rule” not adopted… recusal of Justices who sat on direct appeal not warranted… R. McElyea affirmed (IOR I-3(c)). [Read more…]