TRAFFIC STOP: Pill bottles in door pocket with information blacked out and driver’s decrepit appearance supported reasonable suspicion to extend expired registration stop… Watters affirmed (memorandum). [Read more…]
Search & seizure, unwarranted entry, warranted search
SEARCH & SEIZURE: Observations during unwarranted entry of residence did not prompt decision to seek a warrant… excising evidence found during initial search, remaining information in application was sufficient for a warrant… Watters affirmed (memorandum). [Read more…]
Child pornography, “framed” Defendant
CHILD PORNOGRAPHY: Sufficient evidence to convict over claim that Defendant was framed by ex-wife’s boyfriend… Watters affirmed (memorandum). [Read more…]
Revocation, respond in person before Judge
REVOCATION: Defendant improperly sentenced based on PO’s confidential recommendation of 20 months as opposed to Magistrate’s recommended 5 months and without opportunity to respond in person before Judge . . . Lovell reversed. [Read more…]
Witness vouching, sex offender registration
WITNESS VOUCHING claim by sex offender registration Defendant rejected. . . Watters affirmed (memorandum). [Read more…]
Revocation, sex treatment self-incrimination
REVOCATION: Right against self-incrimination not violated by use of admissions to sex offender’s therapist to revoke supervised release… Watters affirmed. [Read more…]
Sexual assault, prior misdemeanor propensity
SEXUAL ASSAULT: 2009 assault properly admitted in charged case to show propensity and similarity, evidence was necessary… Watters affirmed (unpublished). [Read more…]
Sentencing, restriction on contact with children
SENTENCING: Limitation on contact with children other than Defendant’s proper for SVORA conviction, based on underlying statutory rape 12 years earlier… restriction on going where children congregate, even with own children, proper… McKittrick affirmed. [Read more…]
Dismissal, assault on officer, evidence mishandling
DISMISSAL: State’s request for supervisory control to reverse Judge Reynolds’s dismissal of assault on an officer due to police mishandling of evidence denied, where other counts remain pending… order. [Read more…]
DUI/prosecutorial conduct
DUI/PROSECUTORIAL CONDUCT: Defendant not deprived of fair trial by Prosecutor’s comments in voir dire and closing… [Read more…]
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