SENTENCING: Felony assault sentence illegally enhanced for use of weapon, legal part expired prior to revocation, Defendant improperly revoked… habeas granted, ordered discharged… opinion & order. [Read more…]
Jury, bias, removal for cause
JURY: Questioned panelist did not reveal actual bias, properly not removed for cause… Deschamps affirmed (IOR I-3(d)).
Jesus Lopez was charged with 2 counts of assault on an officer, criminal [Read more…]
Incest, juror disqualification, other incest
INCEST: Panelist properly not excused for cause, Judge’s questioning was clarification, not improper rehabilitation … notice of other acts of incest properly relied primarily on transaction rule and alternatively on Just as matter of caution… 4 incest life sentences improperly imposed [Read more…]
Drugs/search/sentencing, phone conversations
DRUGS/SEARCH/SENTENCING: Defendant failed to establish error in not suppressing recorded phone conversation with informant… no alcohol condition nexus, stricken… unobjected conditions not appealable… Task Force a “victim” for restitution since Defendant agreed to pay… Day affirmed, reversed. [Read more…]
Drugs/sentencing, “hearsay” tip, conditions
DRUGS/SENTENCING: Sufficient evidence of meth possession independent of “hearsay” tip… unobjected probation conditions waived for appeal… prosecution/victim’s fees improper… Rice affirmed, reversed. [Read more…]
Venue, “inflammatory publicity,”
VENUE: “Inflammatory” publicity clarified… Defendant failed to meet standard, change of venue properly denied… Christopher affirmed. [Read more…]
Robbery/prosecutor conduct, newspaper interview
ROBBERY/PROSECUTOR CONDUCT: Subpoena of reporter properly quashed as to allegedly inconsistent statement by victim as to whether handgun or shotgun used… evidence of victim’s pending charges and pretrial release conditions properly excluded (issues raised first time on appeal, also rejected on merits)… comments about Defense’s failure to [Read more…]
Restitution, testimony at hearing, “documentation,”
RESTITUTION properly based in part on testimony at hearing, embezzlement Defendant given adequate opportunity to respond to last-minute loss claims, “documentation” not required under 2003 law, victim’s cash-flow analysis proper… $30,000 (amount Defendant can [Read more…]