ATTEMPTED DELIBERATE HOMICIDE: Claims of ineffective assistance for failure to proffer justifiable force or mitigated deliberate homicide in standoff with SWAT deferred to postconviction review… claim of ineffective assistance for failure to object to the State’s incorrect statements regtarding the mens rea of deliberate homicide fails to satisfy Strickland and is affirmed… remanded to amend judgment to conform to oral pronouncement… Seeley affirmed, reversed. [Read more…]
Restitution, stalking victim’s lost wages
RESTITUTION: Stalking victim entitled to restitution for lost wages but appropriate amount requires further substantiation… Owen reversed (memorandum). [Read more…]
Restitution, $280,000 for theft of cash from safe
RESTITUTION: $280,000 properly awarded for theft of cash from deceased’s safe… Kutzman affirmed (memorandum). [Read more…]
Robbery by common scheme, jail “hazing” screening
ROBBERY BY COMMON SCHEME: Conviction of jail inmate in “common scheme” to haze new inmates by screening for drugs and/or stealing their possessions affirmed… remanded to strike conditions that were not in pronouncement… Seeley affirmed, reversed (memorandum). [Read more…]
Restitution, homicide bullet holes repairs
RESTITUTION: $13,495 to repair damage to rental property from bullet that passed through deceased and into walls and bookcase not supported, remanded for proper determination… Abbott reversed (memorandum). [Read more…]
Stalking, uncharged acts for “course of conduct”
STALKING: State improperly bolstered charges with uncharged acts to meet “course of conduct” definition of “two or more acts,” conviction reversed… Best reversed. [Read more…]
Sexual assault, discovery of therapist’s records
SEXUAL ASSAULT: Girls’ therapist’s records properly excluded following in camera review by Judge and also — because they recanted at trial — by the Supreme Court’s in camera review… dismissal of panelist who expressed view that alleged victims tend to be credible but that he would follow instructions properly denied… conditions improperly included in judgment that were not in pronouncement… Menahan affirmed, reversed. [Read more…]
Speedy trial, 2 trials, 861 days, deliberate homicide
SPEEDY TRIAL: 671 days of total 861 properly attributed to deliberate homicide Defendant convicted in 2nd trial following reversal of 1st, speedy trial claim properly denied… Todd affirmed. [Read more…]
Deliberate homicide, speedy trial, jury selection, COVID
DELIBERATE HOMICIDE: Speedy trial and jury selection challenges properly rejected in light of COVID circumstances… Marks affirmed. [Read more…]
Restitution, new laptop for destroyed old
RESTITUTION: Value of new laptop properly awarded for destruction of used… Peterson/McMahon affirmed (memorandum). [Read more…]
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