AGGRAVATED ANIMAL CRUELTY: Sufficient evidence to convict of mistreating hundreds of cats “without justification” over claim of circumstances beyond control… “inflammatory” prosecutorial comments not prejudicial in context of entire trial… Ortley affirmed. [Read more…]
IAD, probation violations, civil v. criminal
IAD not applicable to probation violations, even assuming appeal timely as continuation of criminal case rather than civil… Stadler affirmed (IOR I-3(d)). [Read more…]
Right to remain silent, interrogation, Miranda
RIGHT TO REMAIN SILENT: Right to cut off interrogation not infringed, Berghuis/Davis adopted (suspect must articulate desire to remain silent sufficiently clearly that officer would [Read more…]
Double jeopardy/sentencing, sexual assaults
DOUBLE JEOPARDY/SENTENCING: Sentence illegally imposed on sexual assault charge as to one girl that was dismissed for double jeopardy of federal exploitation prosecution… charge involving other girl not [Read more…]
DUI, trooper HGN expert, inadvertence
DUI: Trooper properly qualified as HGN expert… trooper’s reference to “felony DUIs” did not warrant mistrial… 5th DUI conviction affirmed… Stadler affirmed. [Read more…]
Sentencing, prison sex treatment, inability to admit
SENTENCING: Motion to remove sex treatment requirement on grounds of inability to admit guilt properly denied as untimely, although more properly postconviction petition… Lympus [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…]
Sentencing, parole eligibility, plea agreement
SENTENCING: 40 years, no parole for 20 years for mitigated deliberate homicide vacated pursuant to stipulation following dispute over parole restriction and whether plea agreement breached… remanded for new sentencing with new judge in place of Lympus… order. [Read more…]
Justice recusal, nominal participation as AG
JUSTICE RECUSAL: CJ not required to disqualify himself since he did not personally participate as AG in Defendant’s appeal… petition for rehearing denied… order. [Read more…]
Negligent homicide, vehicle assault, endangerment
NEGLIGENT HOMICIDE/NEGLIGENT VEHICULAR ASSAULT/CRIMINAL ENDANGERMENT: Charges properly not dismissed after suppression of BAC test from blood drawn in hospital without advice of right to independent test… cross of witness properly limited as to drug charge [Read more…]