SENTENCING: Impossible Treatment Court condition must be stricken… Neill reversed (IOR I-3(d)). [Read more…]
Search & seizure, purse, ATL vehicle passenger
SEARCH & SEIZURE: Passenger detained during investigation of ATL vehicle was seized without objective facts, confession/consent to search purse obtained as result of illegal seizure, drugs/paraphernalia should be suppressed… Olson reversed. [Read more…]
Sexual assault, uncharged prior, sentencing
SEXUAL ASSAULT: Uncharged sexual assault properly admitted to show timeline of report of charged assault… evidence suggesting physical abuse by husband of one alleged victim years after alleged sexual assault properly excluded… written/oral sentencing inconsistencies remanded for correction… Boucher affirmed, reversed. [Read more…]
Assault on officer, disputed “known to be officers”
ASSAULT ON OFFICER: Instruction requiring finding that deputies were officers during confrontation failed to also instruct that Defendant must have known them to be officers… convictions reversed… Salvagni reversed. [Read more…]
Trespass/theft, volunteer fire department
TRESPASS/THEFT: VFD Board had no authority to suspend members or ban them from entering fire hall, trespass convictions vacated… sufficient evidence of theft of jackets… challenges to 3-weeks mid-deliberations adjournment, right to be present when Judge went into hall to investigate juror/witness contacts, jury [Read more…]
Attempted deliberate homicide, BWS/PTSD experts
ATTEMPTED DELIBERATE HOMICIDE: Demeaning comments, cycles of violence insufficient foundation for BWS/PTSD testimony… reliability of fireman’s testimony that husband said “this is the 3rd time she has tried to kill me” not considered first time on appeal… conviction affirmed… Seeley affirmed. [Read more…]
Rape, speedy trial, IAC, undisclosed alibi
RAPE: 662 days speedy trial claim properly rejected… lawyer reasonably allowed evidence of conduct toward others to advance theory of inappropriate but not illegal behavior… cross as to failure to disclose alibi to officers not violative [Read more…]
Negligent homicide, wrong way on Interstate
NEGLIGENT HOMICIDE: Panelist who expressed concerns about drinking & driving properly not excused for cause… seizure expert properly excluded for lack of connection to Defendant’s driving… DUI as lesser-included of vehicular homicide while [Read more…]
Mental commitment, waiver of rights, medication
MENTAL COMMITMENT: Person waived rights by allowing counsel to state in open court his desire to waive… order was sufficient to authorize involuntary medication in light of other findings, but judges are urged to plainly state whether [Read more…]
DUI, snow-obstructed temporary permit
DUI: Temporary permit obstructed by snow/hitch proper basis for stop even if could be read upon approaching vehicle, lawyer not ineffective in not pursuing whether officer could read permit once he approached vehicle… suspended sentence [Read more…]