ESCAPE: Placing security officer near Defendant at trial without analysis was error but not prejudicial . . . ineffective assistance claims for failing to object to statements by the Prosecutor or request instructions relating to investigative detention v. arrest more amenable to post conviction. . . violent offender registration improperly imposed on escape Defendant. . . treatment recommendations in pronouncement should be included in judgment. . . Larson affirmed, reversed (IOR I-3(c)). [Read more…]
Deliberate homicide, self-defense, cumulative error
DELIBERATE HOMICIDE: Statements by victim provided evidence of state of mind immediately preceding drunken altercation over whether Army or Marines are better, tended to show why Defendant used force, improperly precluded as hearsay. . . inquiry into pathologist’s credibility based on letter accusing him of misconduct and false testimony improperly precluded. . . cumulative errors require reversal, remand for new trial. . . Judge within discretion in resolving jury’s concerns about being photographed by media by assuring that media respects their privacy although would have been better to question jurors. . . Knisely reversed. [Read more…]
PFMA/tampering, jailhouse letters, handwriting
PFMA/TAMPERING: Threatening/intimidating jailhouse letters not protected marital communication… officer’s lay handwriting analysis improperly admitted, but error harmless… Fagg affirmed (other grounds). [Read more…]
Witness statements, failure to produce
WITNESS STATEMENTS: Video interview of girlfriend who was struck by boyfriend’s van improperly withheld from Defense, improperly determined to be work product and exculpatory, remanded for determination of appropriate sanction… Haynes reversed. [Read more…]
Drugs, crushed prescribed Oxycodone
DRUGS: Jury adequately instructed on “ultimate user” defense where Defendant crushed Oxycodone that was prescribed with instructions to take by mouth… possession conviction affirmed… Reynolds affirmed. [Read more…]
Incest, child’s undisclosed tendency to lie
INCEST: New trial required for failure to disclose records showing evidence of psychosis by 5-year-old, tendency to lie, tumultuous living conditions, reduced meds, prior false accusation… even inadmissible evidence under Rape Shield should be disclosed… Neill reversed. [Read more…]
Rape/incest, prior child sex abuse, Rape Shield
RAPE/INCEST: Alleged prior sexual abuse properly excluded under Rape Shield Law… Oldenburg affirmed. [Read more…]
Rape, interview expert, child leading questions
RAPE: Expert on leading questions of children improperly excluded based on lack of specific training in NICHD protocol… Rape Shield Law improperly mechanistically applied to exclude proffered evidence that child was abused by her father as opposed to Defendant… convictions reversed, remanded for retrial… Haynes reversed. [Read more…]
Attempted deliberate homicide, lesser-included
ATTEMPTED DELIBERATE HOMICIDE: Lesser-included assault instruction properly rejected as to throwing pipe bombs into paths of pursuing officers… conviction of 7 counts of attempted deliberate homicide and 7 life sentences affirmed…. Sandefur affirmed. [Read more…]
Mischief/theft/trespass
MISCHIEF/THEFT/TRESPASS: No prejudice from evidence of no driver’s license since 2004 due to DUI… instruction on lesser-included misdemeanor criminal mischief properly not given… no ineffective assistance by failing to request result-based definition of “purposely” committing criminal mischief… sentence not improperly based on indigency (time it would take to pay restitution)… McKeon affirmed (IOR I-3(d)). [Read more…]
- 1
- 2
- 3
- 4
- Next Page »