PFMA: Convictions affirmed without prejudice to pursue postconviction relief as to alleged ineffective assistance… Menahan affirmed (memorandum). [Read more…]
Tampering, alleged hearsay, circumstantial evidence
TAMPERING: Conviction affirmed over challenge to alleged hearsay statement and circumstantial evidence… McMahon affirmed. [Read more…]
DUI, speeder stopped past “No Trespassing” signs
DUI: Trooper violated speeder’s expectation of privacy by pursuing past “No Trespassing” signs on private road to where Defendant lived with girlfriend… motion to suppress 7th DUI evidence improperly denied… McMahon reversed. [Read more…]
Robbery by common scheme, jail “hazing” screening
ROBBERY BY COMMON SCHEME: Conviction of jail inmate in “common scheme” to haze new inmates by screening for drugs and/or stealing their possessions affirmed… remanded to strike conditions that were not in pronouncement… Seeley affirmed, reversed (memorandum). [Read more…]
Aggravated animal cruelty, feeding costs reimbursement
AGGRAVATED ANIMAL CRUELTY: Challenge to imposition of liability for County’s costs in caring for 58 horses waived by failure to object, but costs were “reimbursement,” not “restitution,” so 10% restitution fee improperly imposed… Seeley affirmed, reversed (memorandum). [Read more…]
Rape/kidnap, facts underlying dismissed charges
RAPE/KIDNAP: Facts underlying dismissed charges properly considered in acceptance of Alford pleas and sentencing for kidnap of girlfriend… Seeley affirmed (memorandum). [Read more…]
Resisting arrest, no presence at jury queries as to “arrest”
RESISTING ARREST: Conviction reversed for Judge’s failure to consult with Defendant and counsel as to jury’s queries as to definition and timing of “arrest” before replying that it should apply the instructions as given… McMahon reversed. [Read more…]
Aggravated animal cruelty, mistreatment of horses
AGGRAVATED ANIMAL CRUELTY conviction for mistreatment of horses affirmed over challenge to introduction of prior cases… Seeley affirmed (memorandum). [Read more…]
Aggravated DUI, “hot pursuit” into backyard
AGGRAVATED DUI: Pursuit of suspect into fenced backyard following serious MVA justified “hot pursuit” regardless of whether Defendant had dominion over yard… Seeley affirmed (memorandum). [Read more…]
Sentencing, counsel’s erroneous statutory representations
SENTENCING: Defense counsel’s erroneous representation that Judge could not continue deferred sentence with additional treatment conditions constituted ineffective assistance requiring remand for resentencing… McMahon reversed (IOR I-3(c)). [Read more…]