PARENTING: Plan affirmed except for assignment of child tax deduction to husband in even years… assignment to a different judge on remand declined… Berger affirmed, reversed (memorandum). [Read more…]
Aggravated animal cruelty, “without justification”
AGGRAVATED ANIMAL CRUELTY: Sufficient evidence to convict of mistreating hundreds of cats “without justification” over claim of circumstances beyond control… “inflammatory” prosecutorial comments not prejudicial in context of entire trial… Ortley affirmed. [Read more…]
Negligent homicide, photos of dead firefighter
NEGLIGENT HOMICIDE: Photos of dead firefighter in vehicle that was struck by jackknifing semi at accident scene properly admitted to show severity of impact and manner of collision… Deschamps affirmed. [Read more…]
Child sex abuse expert
CHILD SEX ABUSE EXPERT properly allowed to testify to victimization generalities… incest/rape/sexual assault convictions affirmed… McKittrick affirmed. [Read more…]
Order of protection, mens rea
ORDER OF PROTECTION: Sufficient evidence to support conviction under State’s mens rea instructions, failure to object or propose alternatives not ineffective assistance… 3rd-offense conviction affirmed… McLean affirmed (IOR I-3(d)(v)). [Read more…]
Exculpatory evidence, interview recording
EXCULPATORY EVIDENCE: Suppression of interviews based on 5-minute discrepancy between unpreserved digital recording metadata and CD copy denied over claim that allegedly missing minutes prevented [Read more…]
Ineffective assistance, child credibility “bolstering,”
INEFFECTIVE ASSISTANCE claims relating to failure to object to psychologist’s alleged bolstering or introduce answering machine tape of girl claiming “boastfully” to have had sex with man not prejudicial to outcome, properly rejected… McKittrick affirmed. [Read more…]
Drugs, mere presence at failed transaction
DRUGS: Mere presence during failed transaction insufficient to prove accountability for later sale… distribution accountability conviction reversed… Day reversed. [Read more…]
Sentencing, sex conditions, burglary conviction
SENTENCING: Sex treatment/evaluation, HIV testing, employment restrictions lawful conditions of burglary sentence, properly imposed on Defendant charged with rape who plea bargained to burglary with purpose to sexually assault, sex offender designation improper… [Read more…]
Out-of-jurisdiction arrest, welfare check DUI
OUT-OF-JURISDICTION ARREST requirements clarified, officer must meet standard for private person, then may follow [Read more…]