SIWC of young stepdaughter conviction affirmed over challenges to hearsay by physician and therapist… ineffective assistance claims more amenable to postconviction… Harris affirmed (memorandum). [Read more…]
Supervisory control over Linneweber denied
SUPERVISORY CONTROL over Linneweber denied for failure to conform to word limit and provide exhibits… Order. [Read more…]
Child sex abuse sting, mandatory enhancement
CHILD SEX ABUSE: Mandatory 25-year parole restriction enhancement to 100 years at MSP not authorized for attempting to contact fictional 12-year-old in sting…. Harada reversed. [Read more…]
DUI, disputed erratic driving, influence of THC
DUI: Disputed erratic driving supported by Officer’s testimony and dash cam video, provided particularized suspicion for stop… driving under influence of THC affirmed… Fehr affirmed. [Read more…]
Restitution, lost wages caring for assaulted wife
RESTITUTION: $35,000 properly awarded to husband for claimed lost wages caring for wife who was injured in an assault, in addition to $9,450.50 to deceased victim’s Estate… Harada affirmed (memorandum). [Read more…]
Attempted escape, judge disqualification
ATTEMPTED ESCAPE/JUDGE DISQUALIFICATION: Defendant properly charged with attempted escape when he fled courtroom during arraignment… Judge present at the incident not disqualified from presiding over subsequent jury trial… Harada affirmed. [Read more…]
SIWC, prosecutorial misconduct, rehearing denied
SIWC: Rehearing of Opinion affirming conviction of sex with minor over claim of prosecutorial misconduct denied… Order. [Read more…]
SIWC, sex with minor, unanimity, prosecutorial conduct
SIWC: Conviction of 3 counts of sex with minor affirmed over claims of lack of unanimity instruction and prosecutorial misconduct… Harada affirmed (memorandum). [Read more…]