POSTCONVICTION petition claiming new evidence by sex assault/deviant sex MSP inmate properly dismissed with prejudice for failure to personally attend 3 depositions in CA Office over claim that State was seeking to lure him to where he could be arrested on failure-to-register warrant… Allison affirmed. [Read more…]
DUI, illegal left turn, erased patrol car video
DUI: Officer’s testimony that he saw illegal turn sufficient for stop despite erasure of video tape by switching between Stage 1 and Stage 2 lights that would purportedly have shown good [Read more…]
Right to jury, waiver by non-appearance, disability
RIGHT TO JURY improperly deemed waived by non-appearance at hearing in light of mental disabilities… disorderly conduct conviction reversed, remanded for new trial… Jenks/Deschamps reversed. [Read more…]
Substitute JP, conflicting trials, procedure
SUBSTITUTE JP: Regardless of whether JP was “absent” due to conflicting trials, statutory procedures not followed in calling in retired district judge as substitute… supervisory control of Orzech accepted, MIP trial conducted by Harkin void ab initio… opinion & order. [Read more…]
DUI, double-yellow centerline
DUI: Particularized suspicion for stopping driver who swerved toward and onto double-yellow centerline… license [Read more…]
Amicus brief, untimely, unnecessary
AMICUS brief denied as untimely, unnecessary… order.
Electronic Privacy Information Center requests leave to file an amicus brief in support of Plaintiffs/Appellants. The motion was filed 8/17/09 and is opposed [Read more…]
DUI, vehicle stopped in road, claimed texting
DUI: Particularized suspicion to stop vehicle stopped in road, making u-turn, notwithstanding claim that behavior due to texting… Larson affirmed (IOR I-3(d)(v)). [Read more…]