ASSAULT ON OFFICER: Mandatory minimum for mental impairment properly found inapplicable due to intoxication but Defendant improperly denied opportunity to withdraw plea following 2nd rejection of agreement… Recht affirmed, reversed. [Read more…]
Sex offender designation, evaluator v. Judge discretion
SEX OFFENDER DESIGNATION: Judge properly went beyond sex evaluator’s recommendation of tier 1 to designate child rape Defendant tier 2… Parker affirmed. [Read more…]
Probationary search, door opened a “crack,” meth
PROBATIONARY SEARCH: Home visit properly evolved into search that yielded meth after PO entered exterior structure, knocked repeatedly on trailer door, opened door a “crack,” called for probationer, she let officers in, and officer observed meth pipe in plain view… motion to suppress properly denied… Allison affirmed. [Read more…]
Confrontation, bail jumping, minute entries of absence
CONFRONTATION rights of alleged bail jumper not violated by admission of Deputy Clerk’s minute entries stating he was not present at hearings… Christopher affirmed. [Read more…]