SEARCH & SEIZURE: Goetz applied retroactively to warrantless wire recordings, error prejudicial as reasonable possibility [Read more…]
Double jeopardy, parole/suspension revocations
DOUBLE JEOPARDY not violated by revocations of parole and suspended sentence based on same violative acts… issue not [Read more…]
Ineffective assistance, jury query meeting absence
INEFFECTIVE ASSISTANCE: No prejudice shown by appellate lawyer failing to raise Defendant’s absence from jury query meeting, outcome would not have been different… [Read more…]
Sentencing, partly illegal remand remedy
SENTENCING: Parole conditions illegal, may be restated as recommendations… $225,149 restitution of past medicals proper, unspecified amount of future medicals improper… [Read more…]
Plea withdrawal, no memory of agreement/plea
PLEA WITHDRAWAL properly denied over claims of no memory of plea agreement or plea, failure to advise of misdemeanor theft as lesser-included of felony theft, failure to establish [Read more…]
Sentencing, public nuisance, removal of cats
SENTENCING: Removal of pet cats & dog proper condition of conviction for maintaining public nuisance in order to reduce likelihood of feeding feral cats which constituted the nuisance… McKinnon affirmed. [Read more…]
Revocation, female sex treatment
REVOCATION: Equal protection/due process claims as to asserted insufficient sex treatment for women insufficiently supported for plain error review… failure to attend treatment sufficient for revocation despite abandonment of “denial” of original sexual assault charge… Neill affirmed (IOR I-3(d)(v)). [Read more…]
Traffic stop, citizen informant, DUI/drugs
TRAFFIC STOP justified based on citizen informant’s information, officer’s corroboration… suppression properly denied, DUI/drug convictions affirmed… Baugh affirmed. [Read more…]
Attempted assault with weapon, meth use
ATTEMPTED ASSAULT WITH WEAPON: Meth use admissible under transaction rule to explain why 3 officers had difficulty subduing smaller gun-grabber and their fear of serious injury… Daubert hearing request insufficiently preserved for appeal… instruction that intoxication is not a [Read more…]
DUI, involuntary intoxication, mental state
DUI: Mental state not required to convict of absolute liability DUI, involuntary intoxication (spiked punch) instruction properly refused… Honzel affirmed. [Read more…]