INEFFECTIVE ASSISTANCE claims involving felony murder of 2-year-old properly denied… Best affirmed. [Read more…]
Speedy trial, burglary, 688 days in fitness proceedings
SPEEDY TRIAL: Burglary Defendant with 688 days in fitness proceedings failed to preserve speedy trial for appeal at change of plea hearing by stating “I believe I had a speedy trial violation. I want to keep that on record.”… briefing on the issue properly denied… Larson affirmed. [Read more…]
Sex abuse of children, prior bad acts, blind expert
SEX ABUSE OF CHILDREN: Convictions affirmed over challenge to children’s prior bad acts testimony and blind expert’s testimony… Rieger affirmed (memorandum). [Read more…]
Drugs, investigation into possible trespass of vehicle
DRUGS: Officers investigating possible trespass of vehicle parked outside casino properly arrested occupant based on dispatch report of warrant… suppression of meth found in pocket properly rejected… Coffman affirmed. [Read more…]
Attempted deliberate homicide by vehicle, jail call
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…]