DUI: Felony conviction affirmed over claims by non-testifying Defendant of prosecutorial burden-shifting… Souza affirmed (memorandum). [Read more…]
Municipal Court speedy trial, COVID delay
MUNICIPAL COURT SPEEDY TRIAL: COVID a legally sufficient reason to delay protective order trial 2 days beyond statutory deadline… Bolstad/Parker affirmed. [Read more…]
Strangulation, shoving meth into mouth, transaction
STRANGULATION: Evidence that Defendant “shoved meth” into partner’s mouth after strangling her properly admitted under transaction rule… McMahon affirmed (memorandum). [Read more…]
Ineffective assistance, attorney testimony in bail jumping
INEFFECTIVE ASSISTANCE: Attorney for PFMA/criminal mischief cases properly allowed to testify for the State in Defendant’s bail jumping case after Defendant waived attorney-client privilege, did not constitute ineffective assistance… attorney not ineffective for failing to move to continue PFMA/mischief trials as it would have been futile with Defendant in California… bail conviction affirmed… Harris affirmed. [Read more…]
Restitution, reconstructed values of stolen items
RESTITUTION properly based on victim’s reconstruction of values of stolen items… Best affirmed (IOR I-3(c)). [Read more…]
Pain prescriptions, distribution, negligent homicide
PAIN PRESCRIPTIONS: Doctor properly convicted of criminal drug distribution as to 11 patients and criminal endangerment as to 9 patients, wrongly convicted of negligent homicide for overdose deaths of 2 patients… Langton affirmed, reversed. [Read more…]
Initial appearance delay
INITIAL APPEARANCE: Overlap of probation violations hold, fitness treatment, and aggravated assault charge resulted in “unnecessary delay” in appearance on assault charge, but no prejudice that would require dismissal with prejudice…. remanded to dismiss assault charge without prejudice… Cuffe reversed. [Read more…]
Insurance, duty to insure/repair rental
INSURANCE: Trustee of trust which owned house damaged by fire not liable to gratuitous tenants for failure to insure or expedite repairs… Lynch/Molloy. [Read more…]