SEXUAL ASSAULT: Conviction of assaulting minor via “robot game” affirmed over challenge to instructions on mental state… Breuner affirmed (memorandum). [Read more…]
Search warrant, 10-day limit, accessing seized devices
SEARCH WARRANT: Process of accessing devices already lawfully seized does not violate the 10-day limit on serving a warrant… suppression of evidence from devices reversed… Halligan reversed. [Read more…]
Public defenders, ordered to assign counsel within 3 days
PUBLIC DEFENDERS: Harris wrongly ordered OPD to assign counsel within 3 working days of order and provide continuous representation… contempt order quashed… order. [Read more…]
Fitness regained 12 years after criminal case dismissed
FITNESS: If a defendant found unfit to proceed regains fitness a judge can resume the criminal case, but sexual assault case against mentally challenged defendant that was dismissed in 2006 was improperly reinstated in 2018 without new charging documents and consideration of justness of the extended delay… resumption of criminal case reversed but new civil commitment proceeding could be pursued should the law and evidence support a new filing… Deschamps reversed. [Read more…]
PFMA, transaction/continuing series
PFMA: Other acts of yelling and taking car properly admitted under transaction and continuing series rules… leading questions properly allowed of developmentally disabled victim… Townsend affirmed. [Read more…]
Restitution, replacement value of jewels
RESTITUTION: $22,250 value of jewels properly ordered… Townsend affirmed (IOR I-3(d)). [Read more…]
Appeal procedure, pro se briefing inadequacy
APPEAL PROCEDURE: Pro se Defendant failed to adequately brief or establish reversible error by Larson. [Read more…]
Double jeopardy/sentencing, sexual assaults
DOUBLE JEOPARDY/SENTENCING: Sentence illegally imposed on sexual assault charge as to one girl that was dismissed for double jeopardy of federal exploitation prosecution… charge involving other girl not [Read more…]
Restitution, amount
RESTITUTION amount for assault concededly erroneous, remanded for hearing to determine correct amount… order. [Read more…]