AGGRAVATED SEXUAL ABUSE: Conviction affirmed over challenge to admission of alleged prior sexual abuse of Jane Doe 1… Watters affirmed (memorandum). [Read more…]
Abusive sexual contact, improper vouching
ABUSIVE SEXUAL CONTACT conviction affirmed over improper vouching… Watters affirmed (memorandum). [Read more…]
Jury separation of 14 days, no mistrial
JURY SEPARATION of 14 days not prejudicial as to warrant mistrial… Watters affirmed (memorandum). [Read more…]
Sex abuse, victim intoxication
SEX ABUSE: Claims of ineffective assistance relating to victim intoxication rejected… Morris affirmed (memorandum). [Read more…]
Sexual assault, prior misdemeanor propensity
SEXUAL ASSAULT: 2009 assault properly admitted in charged case to show propensity and similarity, evidence was necessary… Watters affirmed (unpublished). [Read more…]
Ineffective assistance, failure to appeal
INEFFECTIVE ASSISTANCE: Hearing required to determine whether Defendant instructed attorney to appeal… Lovell reversed (unpublished). [Read more…]
Drugs, wiretap voice ID
DRUGS: Wiretap voice ID sufficient to support meth conviction… Watters affirmed (unpublished). [Read more…]
Sentencing, untimely §2255 motion, innocence
SENTENCING: §2255 motion properly denied as untimely, 1-year statute not tolled because Defendant could not establish actual innocence of possessing firearms in furtherance of drug conspiracy… Cebull affirmed (unpublished). [Read more…]
Sentencing, assault with weapon
SENTENCING: 62 months for assault with weapon substantively reasonable… Molloy affirmed (unpublished). [Read more…]
Sentencing, harsh as example for Tribe
SENTENCING: Remarks suggesting harsher sentence for assault on officer to set example for Tribe improper, remanded… Molloy reversed (unpublished). [Read more…]