COMPETENCY: Involuntary medication properly ordered to bring delusional homicide defendant to fitness to proceed… petition for supervisory control considered as petition for injunction in light of both factual and legal issues… Seeley affirmed. [Read more…]
Deliberate homicide, psychological rebuttal
DELIBERATE HOMICIDE: Supervisory control of H. Brown granted allowing State to present psychological rebuttal to Defendant’s expert as to mitigating circumstances pursuant to case law and notwithstanding §45-5-103 (1997) amendments making mitigated deliberate homicide no longer affirmative defense. [Read more…]
$1,001,000 settlement, land access dispute death
SETTLEMENT: $1,001,000, land access dispute death. [Read more…]
Fitness, 90 days for ruling, waiver
FITNESS: Statute unclear when 90 days for ruling begins, but challenge to timeliness waived by agreeing to continue treatment… Krueger reversed. [Read more…]
Death penalty, “ultra-fast-acting barbiturate”
DEATH PENALTY: State enjoined from using pentobarbital unless/until statute authorizing “ultra-fast-acting barbiturate” is modified… Sherlock. [Read more…]
Incest, child witness audio-visual testimony
INCEST: Provisions for 6-year-old witness to testify via audio-visual constitutional, properly applied… 4-year-old properly [Read more…]
Death penalty, amended affirmance
DEATH PENALTY: Opinion affirming Lovell’s denial of habeas for death row convict amended by striking 2 sentences… no further petitions for panel or en banc rehearing allowed… order. [Read more…]
Death penalty, ineffective assistance, no prejudice
DEATH PENALTY: Attorney ineffective by not investigating double murder and client’s mental state or discussing defenses with client who insisted on pleading guilty and [Read more…]
Plea agreement, breach, DUI hit & run
PLEA AGREEMENT: Judge did not breach agreement by rejecting it after accepting guilty pleas to DUI hit & run pedestrians death/injuries based on Boot Camp rejection, PSI concerns… Judge did not improperly insert himself into [Read more…]
Attorney discipline, defense attorney, child porn
ATTORNEY DISCIPLINE: ODC failed to prove that criminal defense lawyer violated MRPC by holding/ not disclosing child pornography collected from apartment of client being [Read more…]