RAPE/SEXUAL ASSAULT: Counsel not ineffective for failing to pursue medical report as to condition of child’s hymen or for strongly advising against testifying… postconviction petition properly denied… Berger affirmed. [Read more…]
Aggravated DUI, trooper’s cut & paste reports
AGGRAVATED DUI: Particularized suspicion for administering field tests following speeding stop. . . Defendant improperly precluded from introducing or referencing trooper’s 29 cut & paste reports for impeachment purposes . . . prior DUIs improperly presented to jury to show aggravating element when judicial notice would suffice. . . conviction reversed. . . Reynolds affirmed, reversed. [Read more…]
Speedy trial, misdemeanor 6 months calculation
SPEEDY TRIAL: DUI trial set 1 day later under correct calculation of 6-month period for misdemeanors, remanded for dismissal… Wood/Cooney reversed. [Read more…]
Counsel substitution, sentencing hearing
COUNSEL SUBSTITUTION properly denied at sentencing hearing following child sex abuse trial at which medical exam report of intact hymen had not been introduced… related IAC claim more amenable to postconviction… Tucker affirmed. [Read more…]
Marital, ANG survivorship annuity
MARITAL: ANG member not required by divorce agreement to designate former wife as beneficiary of Survivorship Benefit Plan which is akin to life insurance… review by contract principles, not abuse of discretion… McCarter reversed. [Read more…]