PFMA STRANGULATION: Conviction affirmed over claim that partner’s use of BDSM websites showed interest in strangulation for sexual arousal… Kutzman affirmed. [Read more…]
Driver license suspension, not moot by return
DRIVER LICENSE SUSPENSION: Judicial review of DUI not mooted by return of license after end of 6-month suspension… first impression… Best reversed. [Read more…]
Tampering with blood evidence
TAMPERING: Jury erroneously instructed to convict based on “knowingly” rather than “purposely” tampering with blood evidence but error was harmless… Kutzman affirmed. [Read more…]
License suspension, motorcyclist “serious bodily injury”
LICENSE SUSPENSION: Trooper had probable cause to believe that motorcyclist had “serious bodily injury” providing basis to request blood test… statement that “I don’t want that” properly construed as withdrawing initial consent for test… license suspension properly upheld… Grubich affirmed. [Read more…]
DUI, Defendant “tried” to beat red light
DUI: Reasonable to infer from Trooper’s responses that Defendant and another vehicle ahead “tried” to beat the red light that Defendant did not succeed, sufficient reason to stop for running red light, license reinstatement properly denied… Grubich affirmed (memorandum). [Read more…]