VIOLENT OFFENDER REGISTRATION: Amendment from “street address” to “residence” 1st day of trial insufficient to reverse failure to register conviction… Sandefur affirmed. [Read more…]
Deliberate homicide, speedy trial, bi-polar witness
DELIBERATE HOMICIDE: Speedy trial claim properly rejected… jury properly instructed as to weight to give testimony… bi-polar witness not compelled to provide mental records… plain error review of alleged prosecutorial misconduct declined… conviction affirmed… Sandefur affirmed (IOR I-3(d)(v)). [Read more…]
Habitual traffic offender, mail notice
HABITUAL TRAFFIC OFFENDER: Mail notice of habitual offender status and license revocation satisfies procedural due process… Curtis affirmed (IOR I-3(d)). [Read more…]
Appearance delay, DUI
APPEARANCE DELAY: No unnecessary delay between arrest and initial appearance of DUI Defendant… Dayton affirmed (IOR I-3(d)). [Read more…]
Vehicular homicide under influence
VEHICULAR HOMICIDE UNDER INFLUENCE: Juror who expressed concern about even a little drinking but recognized law is superior to his feelings properly not excused for cause… no prejudice from video deposition of elusive witness who refused to attend trial… bailiff’s error in providing video equipment in jury room to view patrol car videos [Read more…]
Attempted rape, treatment disclosures
ATTEMPTED RAPE: State did not breach plea agreement by noting dismissed charge of sexual abuse of children… 5th-Amendment not violated by considering acts which Defendant reported while in sex treatment as condition of youth court consent decree (classic plea [Read more…]
DUI, wrong lane on gravel road
DUI: Particularized suspicion to stop car in wrong lane on gravel road… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, time-served credit, Oregon/Montana
SENTENCING: Credit properly allowed only for time served beginning when arrest warrant issued for violation of Montana probation, not time in Oregon related to Oregon crimes… McNeil affirmed. [Read more…]
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