ROBBERY/KIDNAP/DRUGS: Pharmacy robbery convictions affirmed over challenges to hearing impaired witness, sufficiency of evidence, use of overlay of store and pawn shop security footage during closing… Allison affirmed. [Read more…]
Sentencing, credit for recovery center time
SENTENCING: Defendant not entitled to credit for time at recovery center which he chose to attend without court order… Wilson affirmed. [Read more…]
Jury, failure to certify non-responders
JURY: Clerk’s failure to certify to the Sheriff jurors who did not return their questionnaires did not rise to substantial noncompliance… conviction of murder of wife affirmed… Allison affirmed. [Read more…]
Probationary search, door opened a “crack,” meth
PROBATIONARY SEARCH: Home visit properly evolved into search that yielded meth after PO entered exterior structure, knocked repeatedly on trailer door, opened door a “crack,” called for probationer, she let officers in, and officer observed meth pipe in plain view… motion to suppress properly denied… Allison affirmed. [Read more…]
Deliberate homicide, failure to call “alibi witnesses”
DELIBERATE HOMICIDE: Defendant not prejudiced by attorney’s failure to call purported alibi witnesses, ineffective assistance claim properly denied without a hearing… Allison affirmed. [Read more…]
DUI, Prosecutor as impeachment witness
DUI: Felony conviction affirmed over challenge to refusal to allow Defendant to call Prosecutor to impeach a witness with asserted inconsistent interview statements as to witness’s drinking… remanded to clarify parole conditions as recommendations and strike provision for supervision fees… Allison affirmed, reversed (memorandum). [Read more…]
Drugs, hotel room door kick-in
DRUGS: Exigent circumstances supported kicking in suspected dealer’s hotel room door… Wilson affirmed. [Read more…]
Revocation, home visit search, return to MSP v. DOC
REVOCATION: Violation of at least one probation condition sufficient to revoke irrespective of what allegedly illegal home visit search uncovered… return to MSP more burdensome than 2001 DOC commitment under 1997 statute, remanded to reflect DOC commitment… Allison affirmed, reversed (IOR I-3(c)). [Read more…]
Deliberate homicide, evidence of abuse of wife
DELIBERATE HOMICIDE: Defendant’s lawyer may have had good reason not to object to evidence of abuse of wife but in any event no prejudice as evidence was overwhelming that he threw victim off bridge as opposed to victim falling… Wilson affirmed (IOR I-3(c)). [Read more…]
Sexual assault, revocation, sex treatment conditions
SEXUAL ASSAULT: Sufficient evidence that Defendant violated sex treatment condition of release, revocation affirmed… Allison affirmed (IOR I-3(c)). [Read more…]