PLEA WITHDRAWAL: “Steep hurdle” required to meet “actual innocence” exception to 1-year bar for plea withdrawal (1st impression of 2003 amendment)… Defendant failed to satisfy exception, withdrawal properly denied… Haynes affirmed. [Read more…]
Initial appearance, “unnecessary delay”
INITIAL APPEARANCE: Consequence for “unnecessary delay” in initial appearance held to be dismissal — without prejudice absent showing of specific prejudice… dismissal without [Read more…]
Assault with weapon, ineffective assistance
ASSAULT WITH WEAPON: Ineffective assistance, trial procedural challenges, rejected in charges stemming from neighbor fight… Langton affirmed (IOR I-3(d)(v)). [Read more…]
Obstruction, ineffective assistance, “knowing”
OBSTRUCTION/INEFFECTIVE ASSISTANCE: “Knowing” element requires more than defendant was aware of his conduct… counsel ineffective for not objecting to instruction (plain error review)… remanded for new trial… Phillips reversed. [Read more…]
Youth, Pine Hills commitment
YOUTH: Youth may be committed to Pine Hills if he commits 4 misdemeanors within “12 months”… waived challenge to RN as proper evaluator… substantial evidence of danger to [Read more…]
DUI, particularized suspicion
DUI: Particularized suspicion to stop… Curtis affirmed (IOR I-3(d)(v)). [Read more…]