INFORMATION AMENDMENT: Morning of trial amendment changing date of failure to give notice of sex offender’s change of address by 7 months was substantive, not mere correction of “scrivener’s error,” improperly allowed, conviction reversed… McKeon reversed. [Read more…]
DUI, presumption of regularity of prior DUIs
DUI: Presumption of regularity of prior DUIs insufficiently rebutted based on court records. . . Reynolds affirmed (IOR I-3(c)). [Read more…]
DUI, prior DUI presumption of regularity
DUI: 17 days late responding to motion to dismiss not sufficiently prejudicial to warrant Defendant’s motion well-taken. . . Defendant’s sketchy recollection as to whether he was advised of and waived right to counsel in prior DUI insufficient to rebut presumption of regularity. . . 4th DUI affirmed. . . Townsend affirmed (IOR I-3(c)). [Read more…]
Sentencing, cell phone restriction
SENTENCING: As-applied constitutional challenge to probation condition limiting cell phone access waived by failure to object. . . Fagg affirmed. [Read more…]
Drugs, “indicators” as particularized suspicion to stop
DRUGS: Series of “indicators” insufficient particularized suspicion to extend stop for expired registration into drug investigation. . . conviction reversed. . . Laird reversed. [Read more…]
Tampering, detective framed for staged arson
TAMPERING: Defendant’s prior involvement with Detective whom he was accused of framing for staged arson properly admitted for context. . . convictions for tying door shut and planting knife with detective’s name “included” in each other, counsel ineffective for failing to raise multiple conviction statute resulting in 2 sentences of 10 years each instead of 1, remanded for re-sentencing. . . Jones affirmed, reversed. [Read more…]
Deliberate homicide, psychological rebuttal
DELIBERATE HOMICIDE: Supervisory control of H. Brown granted allowing State to present psychological rebuttal to Defendant’s expert as to mitigating circumstances pursuant to case law and notwithstanding §45-5-103 (1997) amendments making mitigated deliberate homicide no longer affirmative defense. [Read more…]
Restitution, lost wages, assault with weapon victim
RESTITUTION: $1,600 for lost wages by assault with weapon victim properly imposed. . . Ortley affirmed (IOR I-3(c)). [Read more…]
SIWC against minor, computer search terms
SIWC AGAINST MINOR/SEXUAL ASSAULT: Computer search terms related to incest or sex with children properly admitted to show identity of Defendant as perpetrator as opposed to another. . . appellate counsel had no duty to inform retrial counsel that remittitur had issued from first appeal resulting in lost opportunity to timely substitute Judge. . . SIWC/sex assault conviction affirmed. . . Haynes affirmed. [Read more…]
Medical marijuana, non-cardholder caring for grow
MEDICAL MARIJUANA: Non-cardholder caring for absent cardholder’s grow operation not exempt from prosecution of marijuana charges. . . McKeon affirmed. [Read more…]