CUMULATIVE ERRORS: Priming/exploiting jurors’ attitudes about domestic violence despite dismissal of PFMA/stalking and extraneous evidence portraying Defendant as a stalking liar before he testified require reversal of solicitation-to-tamper conviction, remand for retrial… McMahon reversed. [Read more…]
Return of evidence, laptop/cellphone, sex abuse claim
RETURN OF EVIDENCE: Further findings required to determine whether laptop and cellphone seized 7 years ago from daughter who accused father of sexual abuse should be returned to parents with data unaltered even though time for filing charges runs through 5/25… Reynolds reversed (IOR I-3(c)). [Read more…]
Drugs, stop of person in vicinity of stolen vehicle
DRUGS: Sufficient particularized suspicion to stop person walking in vicinity of stolen vehicle… Menahan affirmed (IOR I-3(c)). [Read more…]
PFMA, probation status, police interview “in?” in jury room
PFMA: Claim of ineffective assistance for not objecting to Defendant’s probation status not appropriate for direct appeal… not established on appeal that police interview recordings (purported testimonial material) actually went into the jury room… Menahan affirmed. [Read more…]
DUI, license reinstatement vis-à-vis criminal DUI
DUI: Civil license reinstatement finding of “no reasonable grounds” to believe Defendant was DUI does not collaterally estop criminal DUI proceeding based on “particularized suspicion”… Swingley/Reynolds affirmed (IOR I-3(c)). [Read more…]
Right to jury, failure to appear at confirmation
RIGHT TO JURY: Failure to appear at jury confirmation hearing not excused by Defendant’s misreading of order and misunderstanding need for a 2nd confirmation hearing following mistrial, properly found to have waived jury for DUI/obstruction trial. . . Swingley/Seeley affirmed. [Read more…]
DUI, arrest in home at night
DUI: Arrest in home at night violative of §3-10-115(1) and 4th Amendment, all subsequent evidence including BAC tests suppressed, but dismissal up to State… State subsequently moved to dismiss which JP granted… Reynolds. [Read more…]
Defense verdict, serving intoxicated bar patron
VERDICT: Defense, providing alcohol to intoxicated person (passed out but not driving), criminal/negligent endangerment, tampering. [Read more…]