RAPE/KIDNAP/ROBBERY: Defendant deprived of fair trial by repeated use of “victim” in reference to complaining witness and by admission of his request to his girlfriend that she “wipe” his phone… conviction reversed, remanded for a new trial… Marks reversed. [Read more…]
Self-representation right properly granted
SELF-REPRESENTATION properly granted firearms Defendant… Christensen affirmed (memorandum). [Read more…]
MVA assault, high-speed wreck
MVA ASSAULT: High-speed collision properly found reckless… Morris affirmed (memorandum). [Read more…]
Youth sex offender registration, community safety
YOUTH SEX OFFENDER REGISTRATION properly imposed for community safety… Deschamps affirmed. [Read more…]
Assault on officer, no 512 days speedy trial violation
ASSAULT ON OFFICER: Speedy trial right not violated by 511 days delay, most of which was caused by fitness evaluation… no error in instructing on resisting arrest when Defendant was not charged with resisting… first-aggressor instruction properly given on justifiable force… conviction affirmed… Allison affirmed. [Read more…]
Youth, original adult sentence improperly imposed
YOUTH: Original adult sentence improperly imposed following CCYA hearing… Larson reversed. [Read more…]
Revocation, clerical error dismissal of case
REVOCATION: Court correctly corrected prior Judge’s clerical error which dismissed case with prejudice rather than only dismissing first revocation as State intended… clerical errors v. judicial errors explicated… Grubich affirmed. [Read more…]
Deliberate homicide, felony murder, juror qualification
DELIBERATE HOMICIDE: Conviction affirmed over challenges to panelist qualification, limitations on cross of jailhouse informants, sufficiency of evidence to support felony murder, late-disclosed jailhouse letter… Halligan affirmed. [Read more…]
Judicial conduct, criticism of counsel’s strategy
JUDICIAL CONDUCT: Judge’s criticism of Defense Counsel’s strategy was improper but did not compromise trial integrity… conviction of truck driver of criminal endangerment for driving along interstate with large paper rolls in danger of falling out after crash affirmed… Deschamps affirmed (memorandum). [Read more…]
DUI, witness prior false reporting conviction
DUI: Defendant properly allowed to cross-examine witness as to details of her conviction for false reporting but not evidence of the conviction itself… Abbott affirmed (memorandum). [Read more…]
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