DUI: Spinning gravel at intersection, “evasive” driving, provided sufficient particularized suspicion to stop… Wheelis affirmed (IOR I-3(d)). [Read more…]
Restitution, PFMA victim’s mental treatment
RESTITUTION: Privacy/disclosure interests of PFMA victim’s mental treatment form should be balanced to determine if Defendant is entitled to review counseling costs… Herrington/H. Brown reversed. [Read more…]
Theft, raid of ward’s inheritance
THEFT: Instruction lacking statutory “purpose of depriving the owner of the property” was defective but instructions as a whole included the element and evidence was overwhelming that guardian raided ward’s inheritance for own benefit, plain error review denied, ineffective assistance claim rejected… Deschamps affirmed. [Read more…]
Mental commitment, failure to file report
MENTAL COMMITMENT: Psychologist’s failure to file statutorily required report not prejudicial in this case, plain error review declined… Deschamps affirmed. [Read more…]
Drugs, pills in purse at train station
DRUGS: Pills properly seized from purse at train station following tip based on corroboration and consent to search… written judgment improperly departed from oral pronouncement… Boucher affirmed, reversed. [Read more…]
Drugs/Indians, traffic stop, Tribal comity
DRUGS/INDIANS: Particularized suspicion to stop truck because of broken tail light properly found by District Court despite Tribal Court’s contrary finding… sufficient probable cause to search truck… meth possession conviction affirmed… Christopher affirmed (IOR I-3(d)). [Read more…]
Sentencing, treatment facility, “incarceration”
SENTENCING: Time in treatment facility not “incarceration,” properly not credited against sentence… $500 counsel costs in oral pronouncement prevails over $800 in written judgment… Larson affirmed, reversed. [Read more…]
Sex offender address, jury challenge, jury query
SEX OFFENDER ADDRESS: Claim of ineffective assistance for not challenging for cause panelist who was concerned about Defendant not testifying more amenable to postconviction… jury query as to whether detective actually went to motel room or just checked at office when looking for Defendant properly responded to with partial trial transcript… fines/fees illegally imposed in judgment when not in pronouncement… sex offender designation illegally imposed on failure to notify of change of address… Larson affirmed, reversed. [Read more…]
Revocation, new sex offender conditions
REVOCATION: 14 new sex offender conditions imposed at 2012 revocation under 1991 amendment as made retroactive by 2001 amendment and applied to 1988 offense are not punitive in nature, not ex post facto… Todd affirmed. [Read more…]
Plea withdrawal, “unbright” sex assault defendant
PLEA WITHDRAWAL: Guilty plea to sexual assault of child by “unbright” but not retarded defendant properly denied… motion time started from amended judgment… Haynes affirmed. [Read more…]