RESTITUTION: $22,250 value of jewels properly ordered… Townsend affirmed (IOR I-3(d)). [Read more…]
Restitution, victim’s affidavit
RESTITUTION properly based on victim’s affidavit… Ulbricht affirmed (IOR I-3(d)). [Read more…]
DUI, erratic driving
DUI: Particularized suspicion for stop properly found based on testimony/video of erratic driving… Townsend affirmed (IOR I-3(d)). [Read more…]
DUI/speedy trial, out-of-gas car, driver
DUI/SPEEDY TRIAL: Challenge of dismissal without de novo review of Justice Court record as to speedy trial claim not preserved for appeal… sufficient evidence to convict driver of car found parked while driver went for gas… Deschamps affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, nolo to online chat sting
PLEA WITHDRAWAL: Claim that nolo plea not authorized in sex cases waived by failure to raise below… claim of coerced plea in online chat sting properly rejected… McLean affirmed (IOR I-3(d)). [Read more…]
Community caretaker, out-of-gas motorist, shrooms
COMMUNITY CARETAKER properly applied to allow check on out-of-gas motorist to escalate to claimed acceptance of offer of ride and ID check that disclosed outstanding warrant and drugs over Defendant’s claim that ride offer was [Read more…]
Evidence, hearsay statement of co-Defendant
EVIDENCE: DUI Defendant’s mother should have been allowed to give testimony as to alleged statement against interest by co-Defendant who invoked 5th that Defendant was driver of disabled car… McKeon reversed. [Read more…]
Insurance, duty to insure/repair rental
INSURANCE: Trustee of trust which owned house damaged by fire not liable to gratuitous tenants for failure to insure or expedite repairs… Lynch/Molloy. [Read more…]
Cattle theft, cattle seizure on trust lands
CATTLE THEFT: Suppression of seizure of cattle on trust lands properly denied over argument that lease required 5 days [Read more…]
Game, felony values
GAME: Although “elements” instruction for value of unlawfully possessed game (values set by statute) did not include “exceeds $1,000,” verdict form reflects that jury [Read more…]