SENTENCING: Tiered sex offender designation erroneously imposed for failure to register as sex offender… parole restriction erroneously imposed on DOC commitment and because it was not in oral pronouncement.. Best reversed (memorandum). [Read more…]
Sentencing, ability to pay fines, fees, surcharges
SENTENCING: Felony DUI sentence did not violate federal law protecting SS income… Judge acted within discretion in conditioning payment of prison, probation, treatment costs on a later determination by DOC of ability to pay and imposing the $5,000 mandatory fine, but failed to make the separate inquiry into ability to pay the $560 in fees & surcharges and Defendant sufficiently objected about his ability to afford them… Cuffe affirmed, reversed. [Read more…]
Restitution, murder victim’s father’s trial expenses
RESTITUTION: Murder victim’s father’s affidavit of loss is unclear what part of his restitution sought is attributable to expenses incurred while subpoenaed as trial witness and for which the County would be responsible… remanded for clarification… Allison reversed. [Read more…]
Drugs, illegal pat-down, consented vehicle search
DRUGS: Pipe with meth residue illegally seized in pat-down after community caretaker investigation of known drug-related car stuck in snow in high-crime area, but meth properly seized in subsequent consented vehicle search, not invalidated by exclusionary rule vis-à-vis illegal pat-down… but unclear factual basis for plea-agreement requires remand for trial or new plea… Fehr affirmed, reversed. [Read more…]
Rape, fair trial undermined by vouching of child
RAPE: Fair trial undermined by testimony elicited from 4 experts vouching for 15-year-old’s credibility and Prosecutor commenting that she was a reliable witness with no incentive to lie… conviction reversed, remanded for new trial… Dayton reversed. [Read more…]
Sentencing, tier level for failure to register
SENTENCING: Tier level improperly imposed for failure to register as sex offender… Todd reversed (order). [Read more…]
Mental disease/defect, affirmative defense v. defense
MENTAL DISEASE/DEFECT: Whether mental disease or defect by Defendant accused of threatening judge was referred to in Opinion as affirmative defense or a defense is irrelevant in context of seeking continuance… rehearing denied… order. [Read more…]
Threatening prior judge, mentally ill Defendant
THREATENING JUDGE: Rights of mentally ill Defendant who did not assert mental defense properly protected… conviction of sending threatening letter to prior judge in disorderly conduct case affirmed… McLean affirmed (IOR I-3(c)). [Read more…]
Drugs, vehicle probation search near “drug house”
DRUGS: Vehicle probation search proper based on officer’s suspicion of connection to nearby “drug house” even if PO only referenced out-headlight basis for stop… Berger affirmed (IOR I-3(c)). [Read more…]
Restitution, tool thefts, Information v. offer of proof
RESTITUTION: $46,975 properly imposed for theft of tools based on Alford plea, Information alleging value in excess of $5,000, and State’s offer of proof of $49,090… Rienne McElyea affirmed (IOR I-3(c)). [Read more…]