SEXUAL ASSAULT/YOUTH: Dismissal not required by untimely youth transfer-back hearing, rights protected but waived, [Read more…]
Revocation, failure to remain law abiding
REVOCATION proper based on failure to remain law abiding (jumping bail) even though no conditions in original sentence, [Read more…]
Restitution, open-ended, undetermined amount
RESTITUTION order by Stadler improperly open-ended with undetermined amount, remanded for specified amount rather than striking… order. [Read more…]
Ineffective assistance, rape, reenactment
INEFFECTIVE ASSISTANCE claims against rape defendant’s trial counsel including failure to open up Defendant’s character, failure to reenact alleged rape, properly rejected… McKittrick affirmed (IOR I-3(c)). [Read more…]
DUI, jerky vehicle, closed storage yard
DUI: Sufficient suspicion to stop jerky vehicle exiting storage yard after hours… Tucker affirmed (IOR I-3(d)(v)). [Read more…]
Jury, panel list, rehearing denial
JURY: Rehearing denied as to holding that Defendant failed to demonstrate that Sandefur abused discretion in interpreting ambiguous statute as new panel list must include drivers in [Read more…]
Jury, new panel list with drivers, “ensuing year”
JURY: Defendant failed to demonstrate Judge abused discretion in interpreting ambiguous statute as new panel list must include drivers in “ensuing calendar year” rather than [Read more…]
Parental termination, ineffective assistance
PARENTAL TERMINATION: Mother unlikely to change within reasonable time… father’s ineffective assistance claims unsupportable… Stadler affirmed. [Read more…]
DUI, sufficiency of evidence, “under influence”
DUI: Sufficient evidence of “under the influence”… Phillips affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, alleged erroneous PSI
SENTENCING: Defendant waived objection to proceeding with sentencing based on alleged erroneous PSI… Sandefur affirmed. [Read more…]
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