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…]
Sentencing, 15-year DOC commitment, revocation
SENTENCING: 15 years to DOC with no time suspended proper upon finding violation of original suspended sentence for felony DUI… marijuana use not improperly considered in revocation… Langton affirmed. [Read more…]
Ineffective assistance, jurors’ newspaper exposure
INEFFECTIVE ASSISTANCE: Defendant failed to demonstrate counsel ineffective by not polling jurors as to newspaper account of trial, nor by breakdown in communication initiated [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…]
Ineffective assistance, prejudice standard
INEFFECTIVE ASSISTANCE: Petition for rehearing granted on claim by Defendant of improper ineffective assistance prejudice standard (certainty v. reasonable probability of [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…]
Ineffective assistance, jury polling, press exposure
INEFFECTIVE ASSISTANCE not shown by not polling jury as to exposure to newspaper account of trial, nor by breakdown in communication initiated by Defendant, substitution of [Read more…]
Plea withdrawal, PFMA collateral effect (guns)
PLEA WITHDRAWAL: Judge had no obligation to advise of collateral effect of pleading guilty to PFMA, including loss of gun rights, withdrawal properly denied… [Read more…]
Plea withdrawal, deferral entitlement
PLEA WITHDRAWAL: No misrepresentation by Judge, Prosecutor, counsel that felony arson Defendant with prior felony was entitled to deferred sentence, no “good cause” for [Read more…]