FELONY MURDER/AGGRAVATED ASSAULT: Aggravated assault conviction should have been dismissed where felony murder conviction was predicated on same assault… decided on criminal procedure code, not double jeopardy… ineffective assistance claim best suited for [Read more…]
Mental commitment, cognitive disorder, alcohol
MENTAL COMMITMENT: No evidence that cognitive disorder (as opposed to alcoholism or antisocial behavior) caused injury or posed threat… commitment reversed following release… Haynes reversed. [Read more…]
Aggravated assault, “consent” of bar fight victim
AGGRAVATED ASSAULT: Against public policy for consent of victim to be defense to aggravated assault (1st impression)… Defendant’s conduct at other bars and video of post-arrest interview properly admitted under transaction rule… intoxication due process claim not preserved for appeal… Swandal affirmed. [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…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint a friend… plain error review invoked first time in commitment proceeding… Sherlock reversed. [Read more…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint friend… plain error review… McCarter reversed. [Read more…]
Kidnap/sexual assault
KIDNAP/SEXUAL ASSAULT: Testimony suggesting victim previously lied about being pregnant properly excluded as irrelevant and improper character attack… objection to deposition of victim moot as she testified at trial and deposition not introduced… parole restriction properly based [Read more…]
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