MENTAL COMMITMENT: Otherwise inadmissible hearsay referenced by mental expert to explain opinions/ recommendations properly admitted… prior opinions distinguished/clarified… Seeley affirmed. [Read more…]
DUI, failure to signal
DUI: Defendant properly stopped for failure to signal, Trooper’s observations ripened into particularized suspicion of DUI and probable cause for arrest… Dayton affirmed (IOR I-3(c)). [Read more…]
Sentencing, alcohol bans based on old DUIs
SENTENCING: 7 DUIs before 2008 sufficient to impose alcohol bans on negligent endangerment Defendant who fled 2015 MVA… Kolar/Fagg affirmed. [Read more…]
Revocation, in absentia trial
REVOCATION: Transcript reveals sufficient reasons for revocation, Defendant who was removed from courtroom for disruptive/abusive behavior and who refused to watch or listen not entitled to written findings… Langton affirmed (IOR I-3(c)). [Read more…]
Seizure, car at isolated overlook
SEIZURE: Car at overlook not “seized” by officers pulling behind, checking on occupants… suppression of drugs properly denied… Olson affirmed (IOR I-3(c)). [Read more…]
Municipal Court appeal, “interests of justice”
MUNICIPAL COURT APPEAL jurisdiction on “interests of justice” grounds properly declined over disorderly conduct conviction with $100 fine and $235 surcharges/fees (fine not considered enough to meet amount in controversy threshold)… Salvagni affirmed. [Read more…]