ATTEMPTED KIDNAP/OBSTRUCTION convictions for grasping arm of teen and fleeing bicycle officer affirmed… Halligan affirmed (memorandum). [Read more…]
DUI, independent blood draw, confused advisories
DUI: Defendant not impeded from obtaining independent blood draw by confused advisories between supervisor and trainee… Halligan affirmed (memorandum). [Read more…]
Incest, failure to preserve witness, refusal to admit guilt
INCEST: No prejudice by counsel’s failure to preserve mother as witness as outcome would not have been different… no indication that sentence was largely based on refusal to admit guilt… Deschamps affirmed (IOR I-3(c)). [Read more…]
Restitution, bank’s embezzlement investigation costs
RESTITUTION: Embezzler failed to preserve objections to $9,313.75 claimed by Bank for investigating and assisting in prosecution (n addition to $7,103 stolen), not denied due process by lack of evidentiary hearing… Larson affirmed. [Read more…]
DUI, malfunctioning trailer light
DUI: Sufficient particularized suspicion for DUI investigation after stop for malfunctioning trailer light… IAC claim more amenable to postconviction… Townsend affirmed (IOR I-3(c)). [Read more…]
Prosecutorial misconduct, aggravated assault
PROSECUTORIAL MISCONDUCT claims not established sufficiently by aggravated assault Defendant for plain error review… Townsend affirmed. [Read more…]
Restitution, searching for/damage to stolen guns
RESTITUTION: $5,039.94 properly awarded for searching for and damage to stolen firearms in addition to $23,762 stipulated… Deschamps affirmed. [Read more…]