ATTEMPTED DELIBERATE HOMICIDE: Spontaneous statements after being taken into custody and requesting attorney were not in response to interrogation, not subject to Miranda… one stabbing victim properly allowed to remain in courtroom while other victim testified… Swandal affirmed. [Read more…]
Restitution, future counseling, assault victim
RESTITUTION properly required for future counseling/treatment of assault victim despite payments by state programs… McKeon affirmed (IOR I-3(d)). [Read more…]
Incest, Rape Shield Law, subsequent abuse of child
INCEST: Evidence of subsequent sexual abuse of child by foster brother after being removed from Defendant father properly excluded under Rape Shield Law… McLean affirmed (IOR I-3(d)). [Read more…]
Obstruction, drunk asking for ride at traffic stop
OBSTRUCTION: Sufficient evidence that intoxicated passerby asking for ride impeded traffic stop despite officer’s view of no intent… McKinnon affirmed. [Read more…]
Restitution, burglary, estimated losses
RESTITUTION properly based on store’s estimated losses from burglary… Ortley affirmed (IOR I-3(d)). [Read more…]
Restitution, road rage injuries, insurance offset
RESTITUTION for road rage injuries properly ordered in full amount of medicals/dentals, not offset by victim’s insurance… Neill affirmed. [Read more…]
Ineffective assistance, post-revocation hearing
INEFFECTIVE ASSISTANCE: Motion to substitute counsel following revocation hearing properly denied… Sandefur affirmed (IOR I-3(d)). [Read more…]
Drugs, non-observed “green with orange hairs,”
DRUGS: Testimony of alleged user and medical marijuana card of defendant insufficient to convict of distribution of marijuana where “green with orange hairs” substance was never observed by law enforcement… Tucker reversed. [Read more…]
Prosecutorial misconduct, “vouching”
PROSECUTORIAL MISCONDUCT: Plain error review of vouching claims denied… assault on officer conviction affirmed… McLean affirmed. [Read more…]
Ineffective assistance, uncooperative Defendant
INEFFECTIVE ASSISTANCE claim by uncooperative Defendant sentenced in excess of statutory minimum for incest with stepdaughter rejected… McKittrick affirmed. [Read more…]