AGGRAVATED ASSAULT: Any error from reference to sexual allegation presumed cured by cautionary instruction, but rebutted, overwhelming evidence of abuse of infant, mistrial properly denied… Larson affirmed. [Read more…]
Postconviction, endangerment, new evidence
POSTCONVICTION claim of actual innocence of endangerment based on undisclosed new evidence time-barred… Larson affirmed (IOR I-3(d)(v)). [Read more…]
Attempted tampering, alleged rape, fingers DNA
ATTEMPTED TAMPERING: Defendant did not make unambiguous request for counsel during interrogation despite several references to “lawyer,” suppression properly denied… [Read more…]
Clandestine lab/endangerment, jury, hearsay
CLANDESTINE LAB/ENDANGERMENT: 911 dispatcher with police boyfriend properly not excused from jury for cause… detective improperly allowed to give handwriting opinion, but error harmless in light of other admissible evidence showing who occupied motel room with meth lab… Defendant opened door to hearsay by introducing [Read more…]
Sentencing, prescription drug negligent homicide
SENTENCING: Nexus between prescription drug MVA negligent homicide and alcohol condition not reviewed in revocation re-sentencing for failure to object below… Deschamps affirmed. [Read more…]