SENTENCING: Intended meth dealer properly sentenced to MSP, not treatment… no ineffective assistance in not seeking reconsideration… Langton affirmed. [Read more…]
Plea withdrawal, “actual innocence” exception
PLEA WITHDRAWAL: “Steep hurdle” required to meet “actual innocence” exception to 1-year bar for plea withdrawal (1st impression of 2003 amendment)… Defendant failed to satisfy exception, withdrawal properly denied… Haynes affirmed. [Read more…]
Deliberate homicide, jury room, transaction rule
DELIBERATE HOMICIDE: Expert reports properly allowed in jury room, not violative of common law rule against submitting testimonial materials for unsupervised review… [Read more…]
Sentencing, 15-year DOC commitment, revocation
SENTENCING: 15 years to DOC with no time suspended proper upon finding violation of original suspended sentence for felony DUI… marijuana use not improperly considered in revocation… Langton affirmed. [Read more…]
Ineffective assistance, jurors’ newspaper exposure
INEFFECTIVE ASSISTANCE: Defendant failed to demonstrate counsel ineffective by not polling jurors as to newspaper account of trial, nor by breakdown in communication initiated [Read more…]
Ineffective assistance, prejudice standard
INEFFECTIVE ASSISTANCE: Petition for rehearing granted on claim by Defendant of improper ineffective assistance prejudice standard (certainty v. reasonable probability of [Read more…]
Ineffective assistance, jury polling, press exposure
INEFFECTIVE ASSISTANCE not shown by not polling jury as to exposure to newspaper account of trial, nor by breakdown in communication initiated by Defendant, substitution of [Read more…]
Rape, intoxicated victim
RAPE: Claims of prosecutorial misconduct, ineffective assistance, insufficient evidence, testimony of victim’s boyfriend, public defender fee, rejected… conviction of 3 [Read more…]
Appointed counsel, reimbursement
APPOINTED COUNSEL reimbursement properly ordered paid to Clerk, although other options… Langton affirmed. [Read more…]
Sexual assault/ineffective assistance/postconviction
SEXUAL ASSAULT/INEFFECTIVE ASSISTANCE/POSTCONVICTION: Insufficient evidence of recantation by child… no error in not objecting to questions that did not warrant objection… no prejudice in not being present at chambers discussions of jury inquiries… claim of ineffective assistance by direct appeal counsel waived by failure to raise in [Read more…]