RESTITUTION: Burglar’s 8th challenge to 2010 $92,564.58 restitution award (reduced to zero due to lack of evidence at recent hearing) rejected… Kutzman affirmed (memorandum). [Read more…]
Stalking, uncharged acts for “course of conduct”
STALKING: State improperly bolstered charges with uncharged acts to meet “course of conduct” definition of “two or more acts,” conviction reversed… Best reversed. [Read more…]
Deliberate homicide, mitigated lesser-included
DELIBERATE HOMICIDE: Mitigated deliberate instruction properly denied where Defendant disavowed interview statement that he “snapped” and shot victim but at trial maintained that he did not shoot him… felony deceptive practices for sale of victim’s truck not supported by evidence of value… Best affirmed, reversed. [Read more…]
Attempted deliberate homicide/tampering, stabbing
ATTEMPTED DELIBERATE HOMICIDE/ TAMPERING: Stabbing and disposing of knife convictions affirmed… Kutzman affirmed. [Read more…]
Sentencing, claim that State undermined plea agreement
SENTENCING: Claim that State undermined plea agreement at sentencing hearing rejected, sentence of 10 years, 2 suspended for Defendant charged with rape who plea bargained to intimidation and 3 years deferred affirmed except for tier level designation as intimidation is not a sex offense… Kutzman affirmed, reversed (IOR I-3(c)). [Read more…]
Sentencing, state revocation vis-à-vis federal sentence
SENTENCING: Revocation sentence failed to consider federal sentence. . . Pinski reversed. [Read more…]
Sentencing, MSP sex treatment v. DOC commitment
SENTENCING: Phases I & II sex treatment at MSP wrongly imposed in conjunction with DOC commitment for sex sting Defendant. . . remanded for resentencing. . . Kutzman reversed. [Read more…]
Sex offender registration, sex offender conditions
SEX OFFENDER REGISTRATION: Sex offender conditions properly imposed for failure to register… Neill affirmed. [Read more…]
Ineffective assistance, uncooperative Defendant
INEFFECTIVE ASSISTANCE claim by uncooperative Defendant sentenced in excess of statutory minimum for incest with stepdaughter rejected… McKittrick affirmed. [Read more…]
Sentencing, Defendant with mental problems
SENTENCING: Aggravated assault Defendant with mental problems properly sentenced to 1 year DOC, 19 years MSP, parole [Read more…]