INEFFECTIVE ASSISTANCE not established by failure to move to suppress murder gun with untested possible blood spot on end of barrel… McMahon affirmed (memorandum). [Read more…]
Negligent homicide, jury view of wrecked car
NEGLIGENT HOMICIDE: Counsel not ineffective in acquiescing in jury view of car wrecked in rollover which Defendant claimed deceased was driving… conviction affirmed… Rienne McElyea affirmed (memorandum). [Read more…]
Assault with weapon, disputed small knife
ASSAULT WITH WEAPON: Conviction in altercation involving disputed small knife affirmed… Newman affirmed (IOR I-3(c)). [Read more…]
DUI, actual physical control of parked vehicle
DUI: Sufficient evidence that Defendant in parked pickup was in actual physical control while under influence… 4th DUI sentence should be credited with 311 days of pretrial incarceration… Olson affirmed, reversed (IOR I-3(c)). [Read more…]
Speedy trial, inmate with detainer on other charges
SPEEDY TRIAL right violated by delay of 5 years for burglary/theft Defendant in prison on other charges, charges dismissed… Oldenburg reversed. [Read more…]
Drugs, prolonged speeding stop after “free to go”
DRUGS: Speeding stop not unlawfully prolonged after Trooper said “free to go” followed by “I noticed a little bit of a smell” and passenger admitting having a joint… suppression properly denied… Halligan affirmed (IOR I-3(c)). [Read more…]
DUI, non-specific reference to PBT, “increasing” BAC
DUI: Non-specific reference to PBT in Municipal Court trial improperly allowed to impeach claim of increased BAC between PBT and Intoxylizer without reliability foundation but error was harmless… conviction affirmed… Luth reversed, Best affirmed (IOR I-3(c)). [Read more…]
Mental commitment, oral/written findings
MENTAL COMMITMENT: Oral and written findings together sufficient to justify commitment… Seeley affirmed (IOR I-3(c)). [Read more…]
Rape, insufficient nexus for no contact with minors
RAPE: Insufficient nexus to impose probation restrictions on contact with minors… Kutzman reversed. [Read more…]
Photo lineup, purse-snatcher, untimely challenge
PHOTO LINEUP: Challenge of purse-snatcher lineup waived by failure to show good cause for untimely motion… Ulbricht affirmed (other grounds) (IOR I-3(c)). [Read more…]
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