DRUGS: Suppression motion properly decided on briefs (and denied) after Defendant failed to appear… Lint affirmed (memorandum). [Read more…]
Sentencing, plea agreement alleged breach, SVORA
SENTENCING: State did not breach plea agreement in which sexual offenses against children were amended to criminal endangerments and maximums were imposed rather than agreed 6 years suspended… SVORA registration improperly imposed on non-sexual offenses despite acceptance in plea agreement… Gilbert affirmed, reversed. [Read more…]
Assault with weapon, Panelist of color, black Defendant
ASSAULT WITH WEAPON: State properly allowed to peremptorily strike only non-white Panelist in trial of African American… couple of Prosecutor’s comments close to improper but overall not plain error… conviction affirmed… Kutzman affirmed. [Read more…]
Traffic stop, passenger in car driven by meth CI
TRAFFIC STOP: Drug suppression properly denied as to passenger in car driven by CI and “suboptimal” dog sniff… Watters affirmed (memorandum). [Read more…]
Prosecutor disqualification, “necessary witness”
PROSECUTOR DISQUALIFICATION: Supervisory control denied of J. Brown’s order disqualifying “necessary witness” Prosecutor who met with underage sex victim who changed story about her age… order. [Read more…]
Parental rights, Mother’s rights, child with Father
PARENTAL RIGHTS of Mother improperly terminated as to child residing with its father… Best reversed. [Read more…]
Anonymous 911 tip, drugs/firearm
ANONYMOUS 911 TIP which provided some uncorroborated historical information about alleged drug dealer who had previously been involved in a bar shooting, easily observable facts & conditions of the person at a bar, and zero predictive information insufficient for stop and search. . . money, drugs, firearm found in search of car suppressed as fruit of illegal search. . . Watters. [Read more…]
Parental rights, potential “Indian child”
PARENTAL RIGHTS: Indian mother’s rights improperly terminated without conclusive tribal determination of children’s membership/eligibility. . . Newman reversed. [Read more…]
Vehicle search/speedy trial
VEHICLE SEARCH/SPEEDY TRIAL claims properly rejected. . . Watters affirmed (unpublished). [Read more…]