DUI: 21 days between initial appearance and probable cause hearing was reasonable… SCRAM improperly imposed as parole condition… $5,000 mandatory minimum fine improperly imposed without consideration of ability to pay… Whelan affirmed, reversed. [Read more…]
Sentencing, credit for recovery center time
SENTENCING: Defendant not entitled to credit for time at recovery center which he chose to attend without court order… Wilson affirmed. [Read more…]
Drugs, expanded traffic stop, intent to distribute
DRUGS: Traffic stop properly expanded to drug investigation and discovery of meth but State was improperly allowed to offer rebuttal evidence of prior drug sales to counter Defendant’s claim that she only used drugs… possession with intent to distribute conviction reversed, remanded for new trial… Lint affirmed, reversed. [Read more…]
DUI, 4th & 5th, 2021 enhancement
DUI: Sentence for 5th DUI improperly imposed under 2021 amendment when contemporaneously sentencing for 4th and 5th DUIs… Larson reversed. [Read more…]
DUI vehicular homicide, wrong way on Interstate
DUI VEHICULAR HOMICIDE conviction stemming from driving wrong way on Interstate affirmed… Vannatta affirmed. [Read more…]
PFO notice filed eve of trial
PFO notice filed eve of trial improperly allowed… Marks reversed. [Read more…]
Fitness to proceed, negligent endangerment
FITNESS TO PROCEED: Dismissal of negligent endangerment based on noncompliance with §46-14-221 timeline properly denied… Gilbert affirmed. [Read more…]
DUI, officers’ opinions as to level of intoxication
DUI: Officers did not violate Defendant’s privacy responding to a report of a truck hitting a vehicle in the parking lot and the driver staggering into his apartment… officers’ opinions improperly elicited as to level of intoxication to rebut claim that he became intoxicated after arriving at his apartment, but the error was harmless in light of other evidence… conviction affirmed… Overland/Eddy affirmed. [Read more…]
Drugs, speeding stop wrongly expanded to drugs
DRUGS: Trooper lacked particularized suspicion to expand speeding stop into drug investigation, motion to suppress improperly denied, conviction of possession with intent to distribute reversed… Vannatta reversed. [Read more…]
DUI, officer’s lay opinion as to “actual physical control”
DUI: Officer properly allowed to give lay opinion testimony that intoxicated driver was in “actual physical control” of his vehicle parked at gas pump and therefore subject to arrest… Cuffe affirmed. [Read more…]