SPEEDY TRIAL: 800+ days of delay not justified for simple misdemeanor DUI, denial of motion to dismiss reversed, remanded for dismissal… Carter/Todd reversed (memorandum). [Read more…]
Charging documents, “person of common understanding”
CHARGING DOCUMENTS: Although truncated and not supported by affidavit, misdemeanor citations for criminal trespass to vehicles and theft were sufficient that “a person of common understanding” could know what is intended to be charged… Seel/Rienne McElyea affirmed (memorandum). [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]