FELONY MURDER: Conviction based on assault with a weapon by co-Defendant affirmed over claim of no evidence of agreement or knowledge of co-Defendant’s intention in shooting and arson… Rieger affirmed. [Read more…]
Voluntary absence from felony trial
ABSENCE FROM TRIAL: Defendant’s voluntary absence from felony drugs trial did not require a due diligence inquiry, properly convicted in absentia… Owen affirmed. [Read more…]
Assault on minor, plea agreement undercut by Prosecutor
ASSAULT ON MINOR: Plea agreement for deferred sentence for severe spanking of child entered into with first Prosecutor undermined by second Prosecutor’s disparaging comments… suspended sentence reversed, remanded with opportunity to substitute Judge… Knisely reversed (memorandum). [Read more…]
Traffic stop, lane violation wrongly expanded to drugs
TRAFFIC STOP purportedly for lane violation unlawfully stretched by inquisitive drug team Trooper into search and seizure of meth… suppression improperly denied, conviction reversed… Rieger reversed. [Read more…]
Sexual assault, confession, Miranda, interrogation
SEXUAL ASSAULT: Claims of inadequate Miranda and coercive interrogation properly rejected… Moses affirmed (memorandum). [Read more…]
DUI, Batson, felony predicate, Prosecutor comments
DUI: Felony conviction upheld over Native American’s Batson challenge to State’s peremptory removal of Native American Panelist, Prosecutor’s comments, prior DUI as felony predicate… Harris affirmed. [Read more…]
Drugs, speeding stop, DUI then marijuana investigations
DRUGS: Speeding stop improperly extended into DUI investigation and then drug investigation, motion to suppress marijuana found in vehicle which Trooper smelled and dog confirmed improperly denied… Walker/Davies reversed. [Read more…]