SENTENCING: Fines, costs, fees improperly assessed without adequate consideration of ability to pay but reason for counsel’s failure to object not apparent from record, ineffective assistance claim more amenable to postconviction petition… drug convictions affirmed without prejudice to postconviction petition… Cuffe affirmed (memorandum). [Read more…]
Revocation, “firearms” not tested for operability
REVOCATION: Defendant found with revolver and sawed-off shotgun in vehicle properly found in violation of no-firearm condition despite the firearms not being tested for operability as definition of “firearm” “turns on what the weapon is designed to do, not on whether it is capable of doing its job at the particular moment”… Ulbricht affirmed (memorandum). [Read more…]
Obstruction, erroneous conduct-based “knowingly”
OBSTRUCTION: Jury given improper conduct-based “knowingly” instruction as to obstruction of officer for refusing blood test, counsel ineffective for not seeking results-based instruction, not cured by State’s closing argument stating correct burden… obstruction conviction reversed, remanded for new trial… Reynolds reversed. [Read more…]
Plea agreement, pretrial custody infractions
PLEA AGREEMENT: Pretrial custody infractions properly considered “additional crimes,” State entitled to revise sentencing recommendation… Larson affirmed (memorandum). [Read more…]
Drugs, summary rejection of meth informant disclosure
DRUGS: Summary rejection of meth informant disclosure not grounds for reversal where Defendant pled guilty before balancing could be done and only speculated as to potential for entrapment argument… Eddy affirmed. [Read more…]
PFMA strangulation, blocking air to nose and mouth
PFMA STRANGULATION: Sufficient evidence that Defendant purposely or knowingly impeded girlfriend’s breathing by blocking air to her nose and mouth… attorney’s mistake in opening door to testimony of prior domestic violence not prejudicial… conviction affirmed… Knisely affirmed. [Read more…]
Jury, for-cause challenge, child rape
JURY: No abuse of discretion in denying challenge for cause of panelist in child rape case… Souza affirmed. [Read more…]
Revocation, home visit search, return to MSP v. DOC
REVOCATION: Violation of at least one probation condition sufficient to revoke irrespective of what allegedly illegal home visit search uncovered… return to MSP more burdensome than 2001 DOC commitment under 1997 statute, remanded to reflect DOC commitment… Allison affirmed, reversed (IOR I-3(c)). [Read more…]
Embezzlement, softball team president checks to self
EMBEZZLEMENT: Conviction of softball team president for writing checks to himself upheld over challenge of limited cross of VP intended to show motive for allegations, unanimity instruction as to 12 checks, 328 days to trial… Best affirmed (IOR I-3(c)). [Read more…]
Revocation, jail violations while “on supervision”
REVOCATION: Defendant who was released from MSP to begin serving time on deferred sentence for criminal mischief and suspended part of intimidation sentence was on supervision when he committed non-compliance violations in jail in violation of terms of supervision, sentences properly revoked… Souza affirmed (IOR I-3(c)). [Read more…]