SENTENCING: Defendant waived right to appeal $2,731.17 restitution for bad checks despite “$00.00” in plea agreement… Deschamps affirmed (IOR I-3(c)). [Read more…]
Sentencing, $25,000 to care for teen sex twins
SENTENCING: $25,000 restitution properly ordered for lost wages of grandmother caring for twins resulting from teen sex… oral modification of some probation conditions not reflected in written judgment where Defendant was charged with SIWC but pled to endangerment… Reynolds affirmed, reversed. [Read more…]
Investigatory stop, walking toward vacant house
INVESTIGATORY STOP: Officer had particularized suspicion to stop persons walking toward vacant house under suspicious circumstances, meth later found in patrol car properly not suppressed… Fagg affirmed. [Read more…]
DUI, 1999 validity
DUI: Claim of infirm 1999 DUI properly rejected… Pinski affirmed. [Read more…]
Sentencing, non-binding plea agreement
SENTENCING: Because Judge not required to accept every recommendation of non-binding plea agreement, oral pronouncement and written judgment consistent in reflecting intent not to run new sentences concurrent with existing… Krueger affirmed (IOR I-3(c)). [Read more…]
DUI, jackrabbit start at night with pedestrians
DUI: Jackrabbit start at night with pedestrians particularized suspicion to stop… Jenks/McLean affirmed. [Read more…]
Sentencing, assault on mother, no contact with kids
SENTENCING: No contact with children properly imposed on father convicted of assaulting mother… Huss affirmed. [Read more…]
Right to remain silent, affidavit testimony
RIGHT TO REMAIN SILENT: Defendant who submitted affidavit challenging prior DUI properly subjected to cross (1st impression)… Huss affirmed. [Read more…]
Right to remain silent, affidavit testimony
RIGHT TO REMAIN SILENT: Defendant who submitted affidavit challenging prior DUI properly subjected to cross (1st impression)… Huss affirmed. [Read more…]