AGGRAVATED ASSAULT: Conviction for injuring 3-year-old affirmed over speedy trial issues (613 days) involving frequent counsel substitutions and Interstate Agreement on Detainers… Linneweber affirmed. [Read more…]
Rape, multiple sex acts charged separately
RAPE: Multiple sex acts properly charged separately… Moses affirmed. [Read more…]
Incest, ongoing sex with adopted daughter
INCEST and other counts related to ongoing sex with adopted daughter affirmed… Todd affirmed. [Read more…]
Sentencing, rape, consideration of dismissed charges
SENTENCING: Claim of improper consideration of information related to dismissed charges in sentencing for admitted rape, aggravated burglary, PFMA rejected… “sexually violent predator” properly found… Todd affirmed (memorandum). [Read more…]
Sentencing, PFO statute amended after offense
SENTENCING: Defendant properly sentenced under 2015 PFO statute in effect at time of felony DUI rather than 2017 statute in effect at time of sentencing despite lack of explicit “savings clause”… Knisely affirmed. [Read more…]
Spite fence, golf course, trash/trespassers
SPITE FENCE: Fact issues as to trash/trespassers from adjacent lots preclude summary judgment for golf course on spite fence/nuisance claims… ACC approval not waived… Gustafson reversed. [Read more…]