SEVERANCE of tampering from underlying assault/restraint properly denied… Cuffe affirmed (IOR I-3(c)). [Read more…]
Incest, claim of mistaking 11-year-old with ex-wife
INCEST: Conviction of sexual contact with 11-year-old daughter affirmed over claim of mistakenly thinking in semi-conscious state that she was his ex-wife… Gilbert affirmed (IOR I-3(c)). [Read more…]
Discovery abuse, financial sanction v. new trial
DISCOVERY ABUSE: Financial sanction in form of County Attorney’s Office reimbursing OPD properly ordered rather than new trial for State’s refusal to timely disclose video of girlfriend recanting statement that Defendant did not hit her with van… Haynes affirmed. [Read more…]
Assault with weapon, judgment for possession
ASSAULT WITH WEAPON: Salvation Army Agreement to pay rent properly excluded over claim that it superseded judgment for possession relied on by landlord and officers to force entry into apartment… hearing-impaired Defendant’s defense of justifiable force in defense of structure and person properly rejected… Neill affirmed (IOR I-3(d)). [Read more…]
Jury, Judge’s inquiry as to deliberations
JURY: Infringement on right to be present during Judge’s inquiry during deliberations as to whether jury would reach a verdict that night was trivial, new trial after conviction of assault of officer properly denied… Tucker affirmed. [Read more…]
Judge disqualification, timeliness requirement
JUDGE DISQUALIFICATION: De novo review adopted for denial of recusal request… timeliness requirement adopted for claim of disqualification that can be waived under CJC 2.12(c), claim of bias or prejudice cannot be waived and thus timeliness requirement not applicable to bias or prejudice, claim of knowledge of facts in controversy acquired from prior representation of client in separate but related matter subject to timeliness requirement… claim for disqualification of sentencing judge who represented SVORA Defendant’s daughter in abuse/neglect case in which Defendant was accused of incest subject to timeliness requirement, waived by counsel’s apparent tactical decision to not seek disqualification… Allison affirmed. [Read more…]
Assault with weapon, fitness, initial appearance
ASSAULT WITH WEAPON: No prejudice by absence from uncontested fitness proceeding where no reasonable probability that presence would have altered conclusion that Defendant was unfit and prosecution did not resume until he was found fit… [Read more…]
Discovery, DPHHS files of alleged sex victims
DISCOVERY: Once sex-offenses Defendant invoked right to DPHHS files of alleged victims, Judge was required to conduct in camera review to ascertain if they contained exculpatory information… appeal of conviction dismissed without prejudice, remanded for in camera review… McNeil reversed… opinion & order. [Read more…]
Endangerment, “knowingly” instruction
ENDANGERMENT: Sufficient evidence that DUI driver “knowingly” struck truck/trailer that was backing into driveway regardless of whether jury was provided incorrect conduct-based rather than result-based definition for endangerment… Neill affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, erroneous PFO advice
PLEA WITHDRAWAL properly denied despite counsel’s concession that advice as to PFO potential was erroneous… Townsend affirmed. [Read more…]