INDECENT EXPOSURE: Felony conviction for victim under 16 affirmed over claim that lesser-included misdemeanor should be applied… bail jumping challenge properly rejected… Seeley affirmed (memorandum). [Read more…]
Sex offender registration, 2023 in-person, 2001 conviction
SEX OFFENDER REGISTRATION: 2023 SVORA requiring in-person registration improperly applied to Defendant convicted in 2001… Whelan affirmed. [Read more…]
Time served, 2,220 additional days credit
TIME SERVED: Remanded for additional 2,220 days credit in convoluted case… Seeley reversed. [Read more…]
Jury, failure to certify non-responders
JURY: Clerk’s failure to certify to the Sheriff jurors who did not return their questionnaires did not rise to substantial noncompliance… conviction of murder of wife affirmed… Allison affirmed. [Read more…]
Restitution, $17,470.36 for damage to old truck
RESTITUTION: Full $17,470.36 awarded for damage to old truck and missing hunting gear over Defendant’s claim that truck was damaged before theft… Fehr affirmed. [Read more…]
Plea withdrawal, agreed sentence exceeded authorized
PLEA WITHDRAWAL properly denied in convoluted case in which agreed sentence exceeded sentence authorized by law and the State accepted a sentence reduced from that agreed upon to one within the legal term… Harris affirmed. [Read more…]
Sentencing, “time served” clarified
SENTENCING: Defendant entitled to credit under clarification of “time served” in §46-18-201(9)… Dayton reversed. [Read more…]
Probable cause determination
PROBABLE CAUSE DETERMINATION: Incarcerated burglary Defendant not prejudiced by 13-day delay between initial appearance and when District Court granted State’s motion for leave to file information… PSI and prosecution fees improperly imposed in judgment when not in pronouncement… Berger affirmed, reversed. [Read more…]
Sentencing, treatment court requirement
SENTENCING: Treatment court improperly imposed as part of possession sentence (rather than just recommendation)… properly imposed as condition of suspended tampering sentence… misdemeanor sentences exceeded statutory maximum… Rieger reversed, affirmed. [Read more…]
Drugs, community caretaker chat to discovery of drugs
DRUGS: Community caretaker chat with driver slumped over wheel properly expanded to probationary search and discovery of drugs… Owen affirmed. [Read more…]