ATTEMPTED DELIBERATE HOMICIDE by vehicle affirmed over objection to jail call contrary to confrontation right and mother’s alleged boosting of victim’s credibility… Lint affirmed (memorandum). [Read more…]
DUI, stuck motor home, actual physical control
DUI: Conviction of Defendant found exiting stuck motor home affirmed… Berger affirmed (memorandum). [Read more…]
Right to testify, sufficient basis for inference of waiver
RIGHT TO TESTIFY: Sufficient basis to infer that aggravated burglary defendant waived right when counsel rested without calling him… Whelan affirmed (memorandum). [Read more…]
Revocation, Judge not big fan of MIIG
REVOCATION: Hearing as to attorney representation not required as complaints not seemingly substantial… revocation impliedly comported with MIIG even though Judge “not a big fan” of it and does “not give it a lot of consideration”… drugs Defendant entitled to 574 days elapsed time… Krueger affirmed, reversed (memorandum). [Read more…]
Restitution, scratches to vehicle in Uber dispute
RESTITUTION: $2,039.20 properly imposed for scratches to vehicle from removal of Uber sign in dispute over being cheated out of ride… Ohman affirmed. [Read more…]
Child molestation, mandatory 25 years no parole
SIWC: Iraq vet with PTSD not entitled to exception to mandatory 25 years parole restriction for molesting child… Brown affirmed (memorandum). [Read more…]
Child sex abuse, prosecutorial misconduct claims rejected
CHILD SEX ABUSE: Prosecutorial misconduct claims in case involving abuse of 14-year-old stepdaughter rejected as not meriting plain error review… conviction affirmed… Wald affirmed. [Read more…]