DRUGS: Officer lacked particularized suspicion to justify a dog sniff, meth found in vehicle should have been suppressed… Oldenburg reversed. [Read more…]
Pro se appellant, no right to pro se on appeal
PRO SE APPELLANT: No right on appeal to represent oneself… Order. [Read more…]
Sentencing, 780/651 days additional time served credit
SENTENCING: Defendant entitled to additional 780 days served credit in one concurrent case and 651 in the other upon revocations… Harris reversed… orders. [Read more…]
Resisting arrest, no presence at jury queries as to “arrest”
RESISTING ARREST: Conviction reversed for Judge’s failure to consult with Defendant and counsel as to jury’s queries as to definition and timing of “arrest” before replying that it should apply the instructions as given… McMahon reversed. [Read more…]
Speedy trial, 351 v. 579 days, traffic custody
SPEEDY TRIAL: Clock started when Defendant became an accused the day arrest warrant was filed for charges stemming from pursuit, not when he was taken into custody for violations of conditional release from prior sentence, thus 351 days of relevant delay, not 579 as claimed… dismissal for lack of speedy trial properly denied… Christopher affirmed (memorandum). [Read more…]
DUI, blood draw nurse’s Zoom testimony from Greece
DUI: Blood draw nurse properly allowed to testify from Greece via Zoom… 6th DUI Defendant should be sentenced to DOC, not MSP, under 2019 statute … Ulbricht affirmed, reversed. [Read more…]
Traffic stop improperly extended to drug investigation
TRAFFIC STOP improperly extended to drug investigation… conviction reversed… Laird reversed. [Read more…]