MENTAL COMMITMENT: Testimony about events prior to 1st trial not precluded at 2nd trial, but person’s presence improperly compelled via Zoom… Cuffe affirmed, reversed. [Read more…]
Lesser-included, assault of great-grandmother
LESSER-INCLUDED instructions properly rejected as to assault of great-grandmother… Cuffe affirmed. [Read more…]
Food truck in county park, licensed truck, no permission
FOOD TRUCK IN COUNTY PARK: Prohibition against food truck in park without permission not unconstitutionally vague as applied to operator who had county license for truck… conviction affirmed… Cuffe affirmed (memorandum). [Read more…]
Drugs, presumption of deferred imposition overcome
DRUGS: Presumption of deferred imposition for first possession by obstreperous Defendant properly overcome but fees & costs not imposed in pronouncement improperly imposed in judgment… Cuffe affirmed, reversed (memorandum). [Read more…]
Sentencing, fines/fees, impoverished DUI Defendant
SENTENCING: Fines, surcharges, fees improperly imposed on impoverished felony DUI Defendant… Cuffe reversed. [Read more…]
PFMA, replays of incriminating videos, deliberating jury
PFMA: Replays of videos of incriminating statements to the deliberating jury without notice to the parties constituted reversible error… felony conviction reversed, remanded for new trial… Cuffe reversed. [Read more…]
Sentencing, $3,025 extradition restitution, military income
SENTENCING: $3,025 restitution for extradition costs properly imposed on DUI/criminal endangerment Defendant whose only income is $3,000/mo Army disability… surrender of medical marijuana card properly ordered as related to alcohol addiction… Allison and Cuffe affirmed. [Read more…]
Attempted deliberate homicide, juror challenge
ATTEMPTED DELIBERATE HOMICIDE: Counsel not ineffective for retaining panelist who stated that he would not hesitate to shoot an abuser since counsel wanted jurors comfortable with use of firearms in self-defense… Cuffe affirmed (memorandum). [Read more…]
Deliberate homicide, dispute as to shooter, warrants
DELIBERATE HOMICIDE: Conviction in trial that turned on who shot victim affirmed over challenges to evidence derived from warrants for residence, vehicles, phone, computer… Cuffe affirmed (memorandum). [Read more…]
Sentencing, drugs market value fine, plea agreement
SENTENCING: $700 fine (35% of market value) for drug possession with intent to distribute properly imposed pursuant to plea agreement notwithstanding Ber Lee Yang… Cuffe affirmed (memorandum). [Read more…]