RAPE: Instruction that Defendant must know that woman did not consent properly rejected… Simonton affirmed (IOR I-3(d)). [Read more…]
Sentencing, tampering, prison alternatives
SENTENCING: Claim of failure to consider prison alternatives waived by failure to object, maximum of 10 years at Women’s Prison for tampering by wife who destroyed pornographic materials related to husband’s [Read more…]
Jury, panel list, rehearing denial
JURY: Rehearing denied as to holding that Defendant failed to demonstrate that Sandefur abused discretion in interpreting ambiguous statute as new panel list must include drivers in [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…]
Jury, new panel list with drivers, “ensuing year”
JURY: Defendant failed to demonstrate Judge abused discretion in interpreting ambiguous statute as new panel list must include drivers in “ensuing calendar year” rather than [Read more…]
Sentencing, alleged erroneous PSI
SENTENCING: Defendant waived objection to proceeding with sentencing based on alleged erroneous PSI… Sandefur 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…]
Drugs/procedure/assistance, amended charge
DRUGS/PROCEDURE/INEFFECTIVE ASSISTANCE: New omnibus hearing not required following addition of lesser-included based on same facts… alternative charge not good cause for untimely motion to suppress… counsel not ineffective for not timely moving to suppress based on [Read more…]
Prosecutor conduct, irrelevant probation evidence
PROSECUTORIAL CONDUCT: Prosecutor improperly allowed to repeatedly reference Defendant’s irrelevant probation status… error was trial error, not harmless, conviction reversed, remanded for retrial… Macek reversed. [Read more…]