DECEPTIVE PRACTICES: Prior investigations and convictions properly admitted in Internet scam case… detective properly allowed to testify as scam expert over late-disclosure objection… instruction for misdemeanor theft properly rejected based on value of bad checks… Deschamps affirmed. [Read more…]
Deliberate homicide, garage burglar shooting
DELIBERATE HOMICIDE: Jury properly instructed on justifiable force in defense of person in garage burglary shooting death, over Defendant’s claim that he raised only justifiable force in defense of occupied structure at trial… no abuse of discretion in refusing to move trial based on pretrial publicity… no abuse in refusing to remove panelist for cause based on marriage to a former policeman; no abuse in admitting Defendant’s assault of girlfriend… detective’s lay opinion as to blood spatter improperly admitted but harmless… conviction affirmed… McLean affirmed. [Read more…]
DUI, driver in snowbank behind tavern, caretaker
DUI: Officer had particularized suspicion of DUI by the time driver stuck in snowbank behind bar at night declined community caretaker help, subsequent pursuit/investigation lawful, suppression/dismissal properly denied… Townsend affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, lesser-included assault
ASSAULT WITH WEAPON: No evidence that would support lesser-included of misdemeanor assault… Deschamps affirmed (IOR I-3(c)). [Read more…]
Privacy in communications, disparaging Facebook
PRIVACY IN COMMUNICATIONS: Disparaging remarks on legislative candidate’s Facebook private page about her weight and appearance is protected speech, Justice Court conviction reversed… Deschamps. [Read more…]