PROTECTIVE ORDER/SPEEDY TRIAL: Erroneous calculation of pretrial delay resulted in erroneous ruling that 200-day trigger had yet to lapse. . . no showing that 2006 predicate order was constitutionally invalid. . . Cybulski affirmed, reversed. [Read more…]
Justifiable force, failure to instruct
JUSTIFIABLE FORCE: Misdemeanor assault conviction reversed/remanded on plain error review for failure to instruct on justifiable force although issue not raised below… Cantin/Gilbert reversed. [Read more…]
Exculpatory evidence, vehicle “crime scene”
EXCULPATORY EVIDENCE: Attempted deliberate homicide properly dismissed due to State’s failure to retain vehicle in which victim was seated when shot… Gilbert affirmed. [Read more…]
Justice Court, non-lawyer JP
JUSTICE COURT: Due process not violated by DUI trial before non-lawyer JP in court of record without trial de novo in District Court… Gilbert affirmed. [Read more…]
DUI, comments on BAC test rejection
DUI: “Reasonable grounds” to stop, license reinstatement properly denied… Gilbert affirmed (IOR I-3(c)). [Read more…]
DUI, Crime Lab BAC report
DUI: Crime Lab report properly admitted under Rule 803(6) hearsay exception despite no notice in writing as Defendant had received it in discovery and had opportunity to cross-examine author… Budeski/Gilbert affirmed. [Read more…]
DUI, observation v. video, wrong statute
DUI: Observation of driving given deference over video, citation to wrong statute not relevant to particularized suspicion… Gilbert affirmed (IOR I-3(d)). [Read more…]
Drugs, medical marijuana from non-caregiver
DRUGS: Medical marijuana cardholder may only obtain marijuana from caregiver, Defendant properly convicted of possession of less than ounce not obtained from caregiver… Swandal affirmed. [Read more…]
DUI, ranch driveway, prior DUI
DUI: Driver traveled on way of State to reach ranch driveway… no abuse of discretion in not taking judicial notice of JP disallowance of prior DUI, unsigned forms insufficient to overcome presumption of regularity… circumstantial [Read more…]