ROBBERY ACCOUNTABILITY: Jury properly instructed on accountability of Defendant who drove car to store where friend shot clerk, then drove car away… sufficient evidence to go to jury… amount of restitution for clerk’s future medicals improperly referred to Parole/ Probation… Judge not required to explain [Read more…]
Speedy trial, 6-month misdemeanor time
SPEEDY TRIAL: Defendant waived 6-month misdemeanor speedy trial violation claim by counsel requesting postponement, no need to address rationale for refusing to dismiss DUI transferred from City Court to District Court as felony… Deschamps affirmed (other grounds). [Read more…]
Cruelty to animals, horses, sale or adoption
CRUELTY TO ANIMALS: Sufficient evidence that owner should have been aware of risks to horses in small trailer without adequate food, water, medical… sale or adoption at County’s discretion properly ordered with any sale proceeds to be applied to [Read more…]
Aggravated assault, jury, transaction rule
AGGRAVATED ASSAULT/ASSAULT WITH WEAPON: Challenges to jury selection, refusal to declare mistrial, and evidence admitted under transaction rule rejected… convictions affirmed… Deschamps affirmed (IOR I-3(d)). [Read more…]
Sentencing, untimely request to delete counsel costs
SENTENCING: Amendment to remove counsel costs condition properly denied a decade after it was imposed, statute allowing request for remission “at any time” waived by failure to raise below… Larson affirmed (IOR I-3(d)). [Read more…]
Elder exploitation, victim competency
ELDER EXPLOITATION: Testimony of victim at competency hearing properly excluded from trial where deteriorating health precluded testifying… conviction affirmed… Townsend affirmed. [Read more…]
Jury, removal for cause
JURY: Judge’s questioning not attempt to prompt panelist to recant initial statements, but to clarify extent experiences with law enforcement would impact ability to fairly judge witness credibility, not improper rehabilitation, removal for cause properly denied… Deschamps affirmed. [Read more…]
Restitution, retirement withdrawal taxes, theft
RESTITUTION properly imposed for money directly given to land investment theft by deception Defendant, excise taxes for early withdrawal of retirement, tax attorney fees… restitution improperly imposed for other tax obligations… Larson affirmed, reversed. [Read more…]
Severance, burglary/drug counts, victimize women
SEVERANCE: Burglaries/drugs properly tried together as scheme to victimize women… McLean affirmed. [Read more…]
Sentencing, endangerment, restitution
SENTENCING: Restitution for lost summer wages due to MVA proper… maximum of 10 years to DOC all but 180 days [Read more…]