IMPERSONATION OF PUBLIC SERVANT: Conviction of falsely impersonating a US Marshall to induce stripper to rely on that pretense affirmed… no-contact condition improperly imposed on unsuspended sentence… Krueger affirmed, reversed (memorandum). [Read more…]
Interstate detainer, Montana DUI Defendant in Nevada
INTERSTATE DETAINER: Motion of Montana DUI Defendant incarcerated in Nevada to dismiss in accordance with IAD properly denied… Krueger affirmed. [Read more…]
Aggravated kidnap, judge finding penalty facts
AGGRAVATED KIDNAP: §45-5-303(2) not unconstitutional in permitting judge to find facts that mitigate sentence… Whelan affirmed. [Read more…]
Assault with weapon, disputed small knife
ASSAULT WITH WEAPON: Conviction in altercation involving disputed small knife affirmed… Newman affirmed (IOR I-3(c)). [Read more…]
Sentencing, court-ordered mental evaluation costs
SENTENCING: Defendant properly ordered to pay unspecified amount of costs of court-ordered mental evaluation… McLean affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, holster under probationer’s coat
ASSAULT WITH WEAPON: POs’ claim of fear of injury from seeing holster under probationer’s coat and him sweeping back the side of his coat sufficient to convict, not necessary that gun be drawn… Information affidavit met less stringent probable cause standard… Newman affirmed (IOR I-3(c)). [Read more…]
PFO, 2015 v. 2017 statute
PFO: Defendant arrested for DUI in 2/17 properly designated PFO under 2015 statute rather than 2017 amendment requiring sexual or violent predicate… Krueger affirmed (IOR I-3(c)). [Read more…]
Deliberate homicide, partial skull of missing father
DELIBERATE HOMICIDE conviction of son whose missing father’s only part found was partial skull affirmed over claims of violation of right of presence at unrecorded conferences and error in allowing officers to testify multiple times on direct. . . Krueger affirmed. [Read more…]
Prosecutorial misconduct, generic objection
PROSECUTORIAL MISCONDUCT: Generic objection during cross of expert insufficient to constitute continuing objection that carried over to closing/rebuttal, but alleged [Read more…]
Incest, recorded pretext calls, photos
INCEST: Recordings of pretext calls between daughter and father violated Allen, but harmless error… explicit photos admissible under 401 & 402, not excluded by 404(b) or 403, not necessary to analyze under transaction rule… conviction affirmed… Newman affirmed (other grounds). [Read more…]