INCEST: Postconviction claims including actual innocence of accusation of making step-son touch her breasts properly rejected… Perry affirmed. [Read more…]
Right to be present at jury query
RIGHT TO BE PRESENT not violated by Judge answering jury query about witness statements that were not in evidence… Oldenburg affirmed (memorandum). [Read more…]
Tampering conspiracy, jail calls
TAMPERING CONSPIRACY properly established by jail calls… Gillham order improper basis for allowing deceased mother’s attorney to share information from her but Defendant already had the information… conviction affirmed… Oldenburg affirmed (memorandum). [Read more…]
Child incest, encouraging stepson to touch breasts
CHILD INCEST: Defense’s request to interview children properly denied… fair trial of stepmother accused of encouraging stepson to touch her breasts not violated by State’s failure to lodge forensic interviews of children from a different case involving Defendant’s husband… plain error review of failure to give specific unanimity instruction in light of conviction on 1 count and acquittal on 1 count declined… conviction affirmed… Olson affirmed. [Read more…]
Teacher/student sex, speedy trial, venue, expert, consent
TEACHER/STUDENT SEX: Convictions of teacher as to conduct with 15-year-old affirmed over challenges to speedy trial, small county venue, blind expert testimony, “without consent” instruction under 2011 law… Oldenburg affirmed (memorandum). [Read more…]
Sentencing, failure to advise Judge of ASA deferral
SENTENCING: Attorney was ineffective in failing to direct Judge to possible deferred drug sentence under ASA, remanded for new sentence hearing… Oldenburg reversed. [Read more…]
Drugs, medical marijuana request by drug probationer
DRUGS: Medical marijuana to alleviate pain while on probation from possession with intent to distribute properly denied over “as applied” constitutional challenge… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Plea withdrawal, accused child molester
PLEA WITHDRAWAL by accused child molester properly granted based on pervasive air of fear during trial stoked by accuser’s parents and culminating in Defense counsel’s suicide, but ineffective assistance as basis for withdrawal not supported… Spaulding affirmed. [Read more…]
Right to be present, pre-trial conference
RIGHT TO BE PRESENT: Defendant not prejudiced by absence from emergency procedural conference… Oldenburg affirmed. [Read more…]
Rape/incest, prior child sex abuse, Rape Shield
RAPE/INCEST: Alleged prior sexual abuse properly excluded under Rape Shield Law… Oldenburg affirmed. [Read more…]