JURY SELECTION: Supervisory control of Eddy to strike panel for failure of Clerk to follow up with prospective jurors who failed to respond to Jury Notice denied as moot… order. [Read more…]
Postconviction, “miscarriage of justice” exception to time
POSTCONVICTION: “Miscarriage of justice” exception to timeliness not extended to Defendant who pled guilty to shooting wife but has no idea why he did it… Ulbricht affirmed (memorandum). [Read more…]
Sentencing, $33,000 child endangerment fine
SENTENCING: Challenge to $30,000 fine with $3,000 surcharge for criminal child endangerment not preserved for appeal… Wilson affirmed (IOR I-3(c)). [Read more…]
Sentencing, 40 years at MSP, sexual assault of niece
SENTENCING: 40 years at MSP for sexual assault of young niece not based on family retribution, not cruel & unusual in light of possible maximum… Wilson affirmed (IOR I-3(c)). [Read more…]
DUI, trooper HGN expert, inadvertence
DUI: Trooper properly qualified as HGN expert… trooper’s reference to “felony DUIs” did not warrant mistrial… 5th DUI conviction affirmed… Stadler affirmed. [Read more…]
Incest, chambers exclusion, “grooming” expert
INCEST: Defendant’s exclusion from in-chambers voir dire structural error, conviction reversed, remanded for retrial… child abuse expert qualified, properly allowed to provide general information about “grooming”… prior sexual activity with stepdaughters properly [Read more…]