RESTITUTION properly awarded for damages stemming from lane-change MVA… Defendant who arrived late at sentencing/restitution hearing not denied due process… Peterson/Abbott affirmed (memorandum). [Read more…]
Ineffective assistance, “he said-she said”
INEFFECTIVE ASSISTANCE: Rehearing petition with numerous claims and issues including trial counsel promising a “he said-she said” defense but not allowing SIWC Defendant to testify denied… Order. [Read more…]
Drugs, pills in closed pouch in secret compartment
DRUGS: Pills discovered in closed pouch in secret compartment of stolen vehicle improperly used to obtain warrants to search vehicle and motel room where more drugs were found… Vannatta reversed. [Read more…]
Postconviction, killed one deputy, injured another
POSTCONVICTION claims of ineffective assistance in defending Defendant convicted of killing one deputy and wounding another in 2003 properly rejected without an evidentiary hearing… Olson affirmed. [Read more…]
Deliberate homicide, $72,000 restitution for lost profits
DELIBERATE HOMICIDE conviction affirmed over challenge to denial of counsel substitution and incentivized co-defendant instruction… $72,000 restitution for loss of profits to family business not supported… Harris affirmed, reversed. [Read more…]
Postconviction, SIWC Defendant, untimely, unmeritorious
POSTCONVICTION claims of SIWC Defendant properly rejected as untimely and also on the merits… Best affirmed (memorandum). [Read more…]
Indian parental rights, oft-incarcerated father
INDIAN PARENTAL RIGHTS: Oft-incarcerated Father’s rights properly terminated over claim of insufficient efforts to prevent breakup of the Indian family and tribal preference for guardianships… Best affirmed. [Read more…]
Tampering, destruction of phone
TAMPERING: Instruction on Criminal Destruction of a Communication Device as lesser-included of Tampering with Evidence properly denied… Parker affirmed. [Read more…]
Time served, 2,220 additional days credit
TIME SERVED: Remanded for additional 2,220 days credit in convoluted case… Seeley reversed. [Read more…]
Indian guardianship by non-Indians
INDIAN GUARDIANSHIP: Children properly awarded to non-Indian foster parents… Souza affirmed. [Read more…]
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