RESTITUTION properly based on victim’s reconstruction of values of stolen items… Best affirmed (IOR I-3(c)). [Read more…]
Trial continuance for counsel’s high COVID risk
TRIAL CONTINUANCE: Supervisory control of Kutzman summarily granted in support of request to continue jury trial due to counsel’s high risk of COVID exposure and contraction… order. [Read more…]
Rape, cell phone records, victim’s ER statements
RAPE: Cell phone records, victim’s ER statements… conviction affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
SIWC, father’s anger at daughter’s bisexuality
SIWC: Evidence that was intensely angry because daughter disclosed she was bisexual properly excluded over Defendant’s argument that it would show motive to fabricate sexual abuse to deflect father’s wrath… letting daughter read her Facebook explanation to divided family written after the allegations improperly allowed as prior consistent statement but not prejudicial as to warrant reversal… conviction affirmed… Kutzman affirmed (IOR I-3(c)). [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…]
Restitution, car kick by petite girl
RESTITUTION: Sufficient evidence to support restitution for damage to car from kick by petite girl… Macek affirmed (IOR I-3(d)). [Read more…]