ROBBERY/KIDNAP/DRUGS: Pharmacy robbery convictions affirmed over challenges to hearing impaired witness, sufficiency of evidence, use of overlay of store and pawn shop security footage during closing… Allison affirmed. [Read more…]
Indian guardianship by non-Indians
INDIAN GUARDIANSHIP: Children properly awarded to non-Indian foster parents… Souza affirmed. [Read more…]
Plea agreement, failure to preserve speedy trial
PLEA AGREEMENT: DUI Defendant failed to preserve denial of his motion to dismiss for lack of speedy trial… Berger affirmed. [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…]
DUI, out-of-gas truck in road, disputed driver
DUI: Specific unanimity instruction as to having driven truck stopped in road and actual physical control properly declined… instruction that a witness is presumed to speak the truth properly declined… Prosecutor did not commit plain error in commenting on witness credibility in case of dispute over whether Defendant or passenger had been driving… 4th DUI conviction affirmed… H. Brown affirmed. [Read more…]
Restitution, burglary, joint & several
RESTITUTION: Defendant convicted of burglary of guest house wrongly ordered to pay for all losses resulting from burglaries of main house and garage/barn by associates jointly & severally… Christopher reversed. [Read more…]
Speedy trial, 547 days, no-hearing dismissal
SPEEDY TRIAL rights of sexual assault Defendant properly found denied without evidentiary hearing… Todd affirmed (IOR I-3(c)). [Read more…]
Indian parental rights, efforts to preserve family
INDIAN PARENTAL RIGHTS: DPHHS failed to engage in active efforts to prevent breakup of family, Father’s rights improperly terminated… Best reversed. [Read more…]
Endangerment, purchasing half-gallon whiskey for teen
ENDANGERMENT: Judgment of acquittal properly denied because jury could have concluded that Defendant knew there was substantial risk in purchasing half-gallon of whiskey for 18-year-old who chugged it and was hospitalized and air-flighted with .584 BAC, but admission of 2002 endangerment conviction for purchasing alcohol for 15-year-olds resulting in death of one and serious injury to other insufficiently probative and overly prejudicial… conviction reversed, remanded for new trial… Dayton affirmed/reversed. [Read more…]
Ineffective assistance, aggravated burglary/rape
INEFFECTIVE ASSISTANCE claims by rape Defendant rejected. . . Pinski affirmed (IOR I-3(c)). [Read more…]