TRIAL CONTINUANCE: Supervisory control of Kutzman summarily granted in support of request to continue jury trial due to counsel’s high risk of COVID exposure and contraction… order. [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
Parental termination, incarcerated parents
PARENTAL TERMINATION: Incarcerated parents properly terminated, child’s attorney not ineffective… Townsend affirmed. [Read more…]
DUI, Idaho DUIs, felony enhancement
DUI: Idaho’s statute similar enough to Montana’s to allow enhancement of Montana DUI… Tucker affirmed. [Read more…]
Drugs, critical stage clarification
DRUGS: Probation search of vehicle lawful… due process argument based on Art. II §17 v. federal law as to 6-months delay in discovery of patrol car video not preserved for [Read more…]
Speedy trial/sentencing, multiple offenses
SPEEDY TRIAL/SENTENCING: Defendant who pled guilty and waived speedy trial in acknowledgment/ waiver in 1st plea change and during colloquy in 2nd plea change failed to [Read more…]
Youth, trespass on public housing property
YOUTH: Constitutional challenge of notice to not trespass on public housing property not preserved for appeal (although housing authority may exclude persons)… probable cause to present fact question to jury as to whether youth knowingly [Read more…]