PLEA WITHDRAWAL properly denied as Defendant got exact sentence bargained for. . . new mental claim waived and contrary to colloquy. . . Cuffe affirmed (IOR I-3(c)). [Read more…]
Aggravated DUI, trooper’s cut & paste reports
AGGRAVATED DUI: Particularized suspicion for administering field tests following speeding stop. . . Defendant improperly precluded from introducing or referencing trooper’s 29 cut & paste reports for impeachment purposes . . . prior DUIs improperly presented to jury to show aggravating element when judicial notice would suffice. . . conviction reversed. . . Reynolds affirmed, reversed. [Read more…]
Ineffective assistance, aggravated burglary/rape
INEFFECTIVE ASSISTANCE claims by rape Defendant rejected. . . Pinski affirmed (IOR I-3(c)). [Read more…]
Sentencing, MSP sex treatment v. DOC commitment
SENTENCING: Phases I & II sex treatment at MSP wrongly imposed in conjunction with DOC commitment for sex sting Defendant. . . remanded for resentencing. . . Kutzman reversed. [Read more…]
Child pornography, possession, unallocated space
CHILD PORNOGRAPHY: Sufficient evidence of possession of images in unallocated computer space based on Defendant’s admissions and file names associated with his user name… definition of “possession” not unconstitutionally vague… conviction affirmed… Gilbert affirmed. [Read more…]
PFMA, end-run equal protection challenge
PFMA: End-run equal-protection challenge of 2008 PFMA plea rejected… Seeley affirmed. [Read more…]
Hunting, “ignorance” of BMA sign-in requirement
HUNTING: “Ignorance” of BMA sign-in requirement for hunting on private property no excuse… conviction affirmed… Tucker affirmed. [Read more…]
Aggravated DUI, prior DUIs as element
AGGRAVATED DUI: Prior DUIs properly admitted as element of Aggravated DUI, not impermissibly prejudicial… Sullivan/Curtis affirmed. [Read more…]
DUI, 911 call, Trooper’s observation
DUI: Sufficient particularized suspicion based on 911 call and Trooper’s observation… motions to suppress/dismiss properly denied… Hoerning/Newman affirmed. [Read more…]
Plea withdrawal, diamonds fraud, MVA TBI
PLEA WITHDRAWAL: Withdrawal of nolo plea to diamonds misrepresentation based on claim of MVA TBI properly denied… H. Brown affirmed (IOR I-3(c)). [Read more…]