ASSAULT ON MINOR: Expert testimony on “non-accidental trauma” properly allowed as to injuries suffered by 4-month-old… warrant to search phone was impermissible general warrant but evidence seized was harmless… counsel not ineffective for failing to object to internet searches for defense council and to Prosecutor’s closing statements… conviction affirmed… Seeley affirmed. [Read more…]
Assault on officer, mental impairment minimum
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…]