IDENTITY THEFT: State properly allowed to add credit card foundational witness first day of trial, any error in allowing testimony via Zoom was harmless… conviction affirmed… Menahan affirmed (memorandum). [Read more…]
Youth, ineffective assistance standard
YOUTH: Unnecessary to adopt modified criteria for youth court ineffective assistance claims as youth accused of sex offenses was not prejudiced by failure to object to hearsay under any standard… Seeley affirmed. [Read more…]
Solicitation of SIWC/Sexual Abuse of Children
SOLICITATION OF SIWC/SEXUAL ABUSE OF CHILDREN: Sexual abuse conviction reversed due to improper result-based instruction of “knowingly” in relation to sexual pictures of child on Defendant’s phone allegedly taken by child… result-based instruction properly applied to solicitation… Seeley affirmed, reversed (memorandum). [Read more…]
Revocation, futile additional incentives/interventions
REVOCATION: Original 10 years for felony theft properly imposed based on determination that Defendant would not be responsive to additional incentives & interventions… Defendant entitled to credit for 335 days elapsed time… Abbott affirmed, reversed. [Read more…]
Rape, mid-trial amended information to correct charge
RAPE: State properly allowed to file a 3rd Amended Information mid-trial after Judge discovered error in charging SIWC under 2017 aggravated SIWC statute that was not effective at time of charged offense… instruction on consent not reversible under plain error review… convictions affirmed… McMahon affirmed. [Read more…]
Restitution, meth decontamination, no causal connection
RESTITUTION: $31,902 restitution for meth decontamination improperly imposed on Defendant who merely possessed meth residue and a pipe… Reynolds reversed. [Read more…]
Mental commitment, medical v. mental condition
MENTAL COMMITMENT: Issue of medical v. mental condition properly resolved by mental professional’s own diagnosis, not just reliance on other professionals… McMahon affirmed (IOR I-3(c)). [Read more…]
Mental commitment, oral/written findings
MENTAL COMMITMENT: Oral and written findings together sufficient to justify commitment… Seeley affirmed (IOR I-3(c)). [Read more…]
Drugs, search of out-of-gas pickup driven by Mexican
DRUGS: Probable cause to search out-of-gas pickup driven by Mexican who had been in US since 7 months old but had no ID, no basis for profiling claim… suppression of drugs found in pickup properly denied… Swingley/McMahon affirmed (IOR I-3(c)). [Read more…]
Property, consent to ag covenant revocation
PROPERTY: Summary judgment properly granted that County consented to ag covenant revocation, jury properly allowed to decide whether developer had notice of and failed to complete [Read more…]