PARENTAL TERMINATION: Father’s rights to children properly terminated… Townsend affirmed. [Read more…]
Robbery accountability, getaway driver
ROBBERY ACCOUNTABILITY: Jury properly instructed on accountability of Defendant who drove car to store where friend shot clerk, then drove car away… sufficient evidence to go to jury… amount of restitution for clerk’s future medicals improperly referred to Parole/ Probation… Judge not required to explain [Read more…]
Trespass/theft, volunteer fire department
TRESPASS/THEFT: VFD Board had no authority to suspend members or ban them from entering fire hall, trespass convictions vacated… sufficient evidence of theft of jackets… challenges to 3-weeks mid-deliberations adjournment, right to be present when Judge went into hall to investigate juror/witness contacts, jury [Read more…]
Mental commitment, stipulation/knowing waiver
MENTAL COMMITMENT: Stipulation insufficient without evidence/record establishing knowing/intentional waiver of rights… commitment reversed… Gilbert reversed. [Read more…]
Criminal endangerment, negligent lesser-included
CRIMINAL ENDANGERMENT: Negligent endangerment a lesser included of criminal endangerment (1st impression)… evidence could support either, jury should have been instructed on negligent… conviction reversed, remanded… Langton reversed. [Read more…]
Revocation, admission corroboration
REVOCATION: Corroboration of parole violation admissions not required… corroboration via mother’s hearsay not violative of due process… Lympus affirmed. [Read more…]
Mental commitment, active participation in hearing
MENTAL COMMITMENT: Person’s active participation in hearing did not reduce lawyer to “standby”… due process not violated by evaluator presenting report in testimony rather than filing it… [Read more…]
Postconviction, judge disqualification, IAC
POSTCONVICTION: Judge disqualification, no evidentiary hearing, ineffective assistance, probation arrest claims legally insufficient, not amenable to plain error review… Haynes affirmed (IOR I-3(d)). [Read more…]
Parental termination, incarcerated parents
PARENTAL TERMINATION: Incarcerated parents properly terminated, child’s attorney not ineffective… Townsend affirmed. [Read more…]
Sentencing, PFO/careless driving
SENTENCING: Request to overrule PFO controlling over felony DUI sentence rejected… jail improper for careless driving… ineffective assistance claim rejected… J. Brown affirmed, reversed. [Read more…]