EMBEZZLEMENT: Conviction of softball team president for writing checks to himself upheld over challenge of limited cross of VP intended to show motive for allegations, unanimity instruction as to 12 checks, 328 days to trial… Best affirmed (IOR I-3(c)). [Read more…]
Juror challenge, similar DUI experiences
JUROR CHALLENGE: Juror with experience with DUI drivers properly seated despite State’s improper and unnecessary rehabilitative questions as to “fairness”. . . felony DUI conviction affirmed. . . H. Brown affirmed. [Read more…]
Rape, speedy trial, reading aloud from transcript
RAPE: Speedy trial right not violated by 571 days delay… allowing detectives to read aloud from interview transcript not proper refreshment procedure but statements were otherwise admissions by party opponent and record does not establish that detectives were not testifying from refreshed recollections… conviction of rape of 8-year-old affirmed… Salvagni affirmed. [Read more…]
Plea withdrawal, diamonds fraud, MVA TBI
PLEA WITHDRAWAL: Withdrawal of nolo plea to diamonds misrepresentation based on claim of MVA TBI properly denied… H. Brown affirmed (IOR I-3(c)). [Read more…]
Mental commitment, right to friend
MENTAL COMMITMENT: Plain-error review declined over claim that person was not given notice of right to a friend… Salvagni affirmed (IOR-I(3)(c). [Read more…]
Trial security, under-pants leg brace
TRIAL SECURITY: Failure to apply Herrick test before denying removal of under-pants leg brace during trial of Defendant charged with kidnap, burglary, intimidation, escape harmless error, request to remove brace properly denied… J. Brown affirmed. [Read more…]
Search, warrantless Facebook intrusion, sex sting
SEARCH: Detective’s warrantless intrusion into Facebook page posing as teenage girl and monitored conversation via Facebook chat was illegal search, all evidence relating to Facebook account and resulting evidence suppressed, charge of attempted sex abuse of children stemming from sting dismissed… J. Brown. [Read more…]
Assault with weapon, fitness, initial appearance
ASSAULT WITH WEAPON: No prejudice by absence from uncontested fitness proceeding where no reasonable probability that presence would have altered conclusion that Defendant was unfit and prosecution did not resume until he was found fit… [Read more…]
Sentencing, PFO/careless driving
SENTENCING: Request to overrule PFO controlling over felony DUI sentence rejected… jail improper for careless driving… ineffective assistance claim rejected… J. Brown affirmed, reversed. [Read more…]
Youth, probation extension to 21
YOUTH: Probation properly extended to 21 upon revocation even though not in original disposition… H. Brown affirmed. [Read more…]