REVOCATION: Dismissal of petition not required by 4-year delay in executing arrest warrant for Defendant incarcerated part of the time in Colorado… Menahan affirmed. [Read more…]
Prosecutorial misconduct, presumption of innocence
PROSECUTORIAL MISCONDUCT: Closing comment that “the presumption of innocence that you came into this trial with no longer exists at this point” reversible error, theft conviction reversed, remanded for new trial… Menahan reversed. [Read more…]
Assault with weapon, justifiable force claim
ASSAULT WITH WEAPON conviction affirmed over claim of justifiable force in dispute over trailer house… Seeley affirmed (IOR I-3(d)). [Read more…]
Sentencing, felony assault, weapon enhancement
SENTENCING: Felony assault sentence illegally enhanced for use of weapon, legal part expired prior to revocation, Defendant improperly revoked… habeas granted, ordered discharged… opinion & order. [Read more…]