DELIBERATE HOMICIDE conviction affirmed over challenge to denial of counsel substitution and incentivized co-defendant instruction… $72,000 restitution for loss of profits to family business not supported… Harris affirmed, reversed. [Read more…]
Jury selection
JURY: Conviction of felony possession affirmed over challenge to denial of removing for cause Panelist who preferred Defendant to testify… Recht affirmed. [Read more…]
Deliberate homicide, justifiable force
DELIBERATE HOMICIDE: Justifiable force instruction properly denied… Olson affirmed. [Read more…]
Drugs, non-sequitur disclosure of possible warrant
DRUGS: Suppression of meth found in vagina properly rejected over challenge to non-sequitur disclosure of possible warrant for failure to appear on speeding charge… Halligan affirmed. [Read more…]
Drugs, welfare check expanded to meth discovery
DRUGS: Welfare check properly expanded into investigatory stop and discovery of meth… Larson affirmed. [Read more…]
Restitution, murder lifer’s general indigency objection
RESTITUTION: Homicide lifer’s general objection based on indigency did not amount to affirmative request for relief from $34,728.14 restitution… Vannatta affirmed. [Read more…]
Right to be present at jury query
RIGHT TO BE PRESENT not violated by Judge answering jury query about witness statements that were not in evidence… Oldenburg affirmed (memorandum). [Read more…]
Attorney withdrawal, acquiescence v. substitute
ATTORNEY WITHDRAWAL: Defendant’s acquiescence in attorney’s motion to withdraw properly construed as wanting to proceed pro se rather than asking for substitute, “seemingly substantial” inquiry not triggered.. Bidegaray affirmed (memorandum). [Read more…]
Sentencing, conditions for endangerment of minors
SENTENCING: Contested conditions properly imposed on Defendant charged with felony sexual assault of minors who pled guilty to criminal endangerment… Best affirmed (memorandum). [Read more…]
Burglary, fence not accomplice for corroboration
BURGLARY: Fence was not an accomplice to burglars, his and other non-accomplice testimony sufficiently linked Defendant to burglaries… convictions affirmed… Christopher affirmed. [Read more…]
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