DRUGS: Possession of 2 or more listed precursors with intent to make meth required to convict of felony possession of precursors, based on plural “precursors” and “combination of”… conviction reversed… McKeon reversed. [Read more…]
Ineffective assistance, inadvertent statements
INEFFECTIVE ASSISTANCE: Defendant being tried for assault on officer not prejudiced by officers’ reference to un-charged DUI, claim of ineffective assistance for not seeking mistrial rejected… Townsend affirmed. [Read more…]
Right to be present, pro se, ineffective assistance
RIGHT TO BE PRESENT/PRO SE/INEFFECTIVE ASSISTANCE: 8th Judicial Dist. omnibus hearing not critical stage requiring Defendant’s presence… Defendant properly allowed to proceed pro se without separate hearing into complaints about lawyer… insufficient record of lawyer’s trial [Read more…]
Mental commitment, brain damage/dementia, jury
MENTAL COMMITMENT: Substantial evidence for jury finding that brain damaged man unable to provide for needs due to dementia… Knisely affirmed (IOR I-3(d)). [Read more…]
Right to counsel/sentencing, bizarre Defendant
RIGHT TO COUNSEL/SENTENCING: Bizarre defendant mentally capable of proceeding pro se, Judge balanced right to counsel [Read more…]
Right to counsel/sentencing, bizarre Defendant
RIGHT TO COUNSEL/SENTENCING: Bizarre defendant mentally capable of proceeding pro se, Judge balanced right to counsel [Read more…]
Defendant restraints, no finding of last resort
DEFENDANT RESTRAINT: Defendant improperly shackled without finding of last resort, but record inadequate to conduct harmless [Read more…]
Deliberate homicide, 3rd-party sexual relationship
DELIBERATE HOMICIDE: Evidence of 3rd-party sexual relationship with victim properly excluded… Lympus affirmed (IOR I-3(d)). [Read more…]
SVORA, change of address
SVORA: Sex offender properly convicted of failure to timely notify of new address whether required to appear in person within 3 [Read more…]
Ineffective assistance, jury/sentence
INEFFECTIVE ASSISTANCE claims as to failure to challenge panelist and felony DUI sentence properly denied… Salvagni [Read more…]