CRIMINAL ENDANGERMENT: Plain error review declined on claim that Prosecutor breached implied covenant as to recommendation that Defendant pay financial obligations… restitution for victim’s expenses for attending all court proceedings affirmed…. Cuffe affirmed (memorandum). [Read more…]
Mental commitment, claim of inability to hear
MENTAL COMMITMENT affirmed over hearing impaired’s claim of inability to hear the proceedings… Menahan affirmed (memorandum). [Read more…]
PFMA, ineffective assistance
PFMA: Convictions affirmed without prejudice to pursue postconviction relief as to alleged ineffective assistance… Menahan affirmed (memorandum). [Read more…]
Revocation, hearing with Defendant unrepresented
REVOCATION: Disposition improvidently granted following hearing with Defendant unrepresented… Bonilla reversed. [Read more…]
Plea agreement breached by Prosector as to parole
PLEA AGREEMENT breached when Prosecutor recommended additional parole restriction for sex abuse of children… Rieger reversed. [Read more…]
Tampering with blood evidence
TAMPERING: Jury erroneously instructed to convict based on “knowingly” rather than “purposely” tampering with blood evidence but error was harmless… Kutzman affirmed. [Read more…]
Sexual harassment, $25,894.76, hearsay as to demeanor
SEXUAL HARASSMENT: HRB’s finding of unlawful harassment improperly reversed based on alleged hearsay testimony of observations of Plaintiff’s demeanor and reaction in he-said/she-said case… $25,894.76 damages award properly affirmed… Holien affirmed, Souza reversed, affirmed (memorandum). [Read more…]