PROSECUTORIAL MISCONDUCT: No misconduct in cross-examining Defendant as to attorney-client communications first raised by Defendant, reference to communications during exploration of inconsistent versions of incident did not [Read more…]
SVORA, retroactivity notice
SVORA: Defendant had notice of retroactive registration requirement based in part on call from officer… vagueness challenge not addressed on appeal… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Aggravated assault, reference to sex abuse
AGGRAVATED ASSAULT: Any error from reference to sexual allegation presumed cured by cautionary instruction, but rebutted, overwhelming evidence of abuse of infant, mistrial properly denied… Larson affirmed. [Read more…]
DUI, right to lawyer before field tests
DUI: No right to lawyer for field tests without interrogation… DUI properly inferred from refusal to do field tests… McNeil affirmed. [Read more…]
Parental termination, ineffective assistance
PARENTAL TERMINATION: Mother unlikely to change within reasonable time… father’s ineffective assistance claims unsupportable… Stadler affirmed. [Read more…]
Drugs, electronic monitoring, present-sense/opinion
DRUGS: Plain-error review denied as to applying Goetz warrantless electronic monitoring ruling… officer’s testimony that conversations he overheard between CI and Defendant were consistent with a drug deal were not present-sense impression under 803(1), but opinion under 701… Deschamps affirmed (other grounds). [Read more…]
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