DISCOVERY: Once sex-offenses Defendant invoked right to DPHHS files of alleged victims, Judge was required to conduct in camera review to ascertain if they contained exculpatory information… appeal of conviction dismissed without prejudice, remanded for in camera review… McNeil reversed… opinion & order. [Read more…]
Confession, deceptive immunity assurances
CONFESSION: Statements underlying felony-murder charge properly suppressed as made with reasonable belief and deceptive assurances of immunity… new trial properly granted following conviction, with statements to police and trial testimony to be suppressed… McNeil affirmed. [Read more…]
Sentencing, oral/written, prison sex treatment
SENTENCING: Written judgment improperly added parole condition of prison sex treatment to oral pronouncement… outpatient sex treatment as recommended in PSI properly [Read more…]
Ineffective assistance, facts
INEFFECTIVE ASSISTANCE claim properly denied for insufficient factual foundation… Christopher affirmed. [Read more…]
Procedure, abatement of judgment upon death
PROCEDURE: Abatement of judgment ab initio upon defendant’s death rejected… an appeal could involve issues which are not mooted by death, but not the conviction and ineffective assistance claims in this case, appeal dismissed as moot… opinion & order. [Read more…]
Indian child, transfer to tribal court
INDIAN CHILD: Supervisory control of McNeil granted to prevent transfer to ND tribal court pending further consideration in light of AP… order. [Read more…]