PLEA WITHDRAWAL for alleged breach of plea agreement properly denied as untimely under Peterson… Parker affirmed (other grounds) (memorandum). [Read more…]
Mental commitment, claim of inability to hear
MENTAL COMMITMENT affirmed over hearing impaired’s claim of inability to hear the proceedings… Menahan affirmed (memorandum). [Read more…]
Cosmetology school improperly sanctioned
COSMETOLOGY SCHOOL improperly sanctioned for investigation of allegations of sexual harassment by massage therapy instructor based on “loosely worded” statute’s “generally accepted standards of practice”… Vanisko affirmed, Board reversed, Seeley reversed. [Read more…]
Attempted deliberate homicide, tampering, missing gun
ATTEMPTED DELIBERATE HOMICIDE: Typo on verdict form as to alternative lesser includeds not prejudicial… sufficient evidence of tampering by disposing of gun used in confrontation with cabin owners during disrupted burglary… convictions affirmed… McMahon affirmed. [Read more…]
DUI, presumption of regularity of prior DUIs
DUI: Presumption of regularity of prior DUIs insufficiently rebutted based on court records. . . Reynolds affirmed (IOR I-3(c)). [Read more…]
Child endangerment by DUI, lesser-includeds
CHILD ENDANGERMENT BY DUI: Defendant was entitled to DUI lesser-included instructions. . . conviction reversed. . . Reynolds reversed. [Read more…]
Aggravated DUI, trooper’s cut & paste reports
AGGRAVATED DUI: Particularized suspicion for administering field tests following speeding stop. . . Defendant improperly precluded from introducing or referencing trooper’s 29 cut & paste reports for impeachment purposes . . . prior DUIs improperly presented to jury to show aggravating element when judicial notice would suffice. . . conviction reversed. . . Reynolds affirmed, reversed. [Read more…]
Prosecutorial misconduct/sentencing, pills
PROSECUTORIAL MISCONDUCT/SENTENCING: Prosecutor improperly urged stiff sentence because of drug Defendant’s jail phone “venting” against Prosecutor but did not influence sentence… counsel not ineffective for not seeking continuance so mother & sister could provide ameliorating testimony as to jail conversation… 10-year PFO sentence proper whether based on prior PFO or not… 23 supervision recommendations in judgment unlawful because not in oral pronouncement… Seeley affirmed, reversed. [Read more…]
DUI, sleeping Defendant, intent to not drive
DUI: Intent to not move vehicle irrelevant to absolute liability offense, Defendant sleeping behind wheel properly convicted of per se DUI… Reynolds affirmed (IOR I-3(d)). [Read more…]
DUI, prior in absentia DUIs
DUI: No affirmative evidence of infirmity of prior in absentia DUIs… Sherlock affirmed (IOR I-3(d)). [Read more…]