HOMICIDE ACCOUNTABILITY/AGGRAVATED BURGLARY: Convictions of bail bondsman in the shooting of his absconded client by another bondsman affirmed over challenges to unpreserved mens rea instruction and claimed authority as a bondsman… Whelan affirmed. [Read more…]
Incest, postconviction claims including actual innocence
INCEST: Postconviction claims including actual innocence of accusation of making step-son touch her breasts properly rejected… Perry affirmed. [Read more…]
DUI, blood draw from seriously injured cannabis user
DUI: Blood draw and toxicology report indicating over-limit THC properly suppressed due to seriously injured Defendant’s failure to respond to Trooper’s hospital request for consent… Breuner affirmed. [Read more…]
PFMA strangulation, BDSM websites
PFMA STRANGULATION: Conviction affirmed over claim that partner’s use of BDSM websites showed interest in strangulation for sexual arousal… Kutzman affirmed. [Read more…]
Sex offender registration, 2023 in-person, 2001 conviction
SEX OFFENDER REGISTRATION: 2023 SVORA requiring in-person registration improperly applied to Defendant convicted in 2001… Whelan affirmed. [Read more…]
Postconviction, $150,000 “fixed fee” contract
POSTCONVICTION: Ineffective assistance claims by sexual assault Defendant involving retained trial and appellate counsel and State Bar-resolved dispute over $150,000 “fixed fee” contract properly rejected… Salvagni affirmed. [Read more…]
YINC, 14 year-old whose mother had mental problems
YOUTH IN NEED OF CARE: 14-year-old improperly removed from mother with mental issues… Berger reversed. [Read more…]
Jury selection
JURY: Conviction of felony possession affirmed over challenge to denial of removing for cause Panelist who preferred Defendant to testify… Recht affirmed. [Read more…]
Jury selection
JURY: Challenge to jury selection process based on 2 people listed on panel who had moved from the County properly rejected without a hearing but taking judicial notice of Kutzman’s findings & conclusions in another case… Best affirmed. [Read more…]
Attempted deliberate homicide, standoff with SWAT
ATTEMPTED DELIBERATE HOMICIDE: Claims of ineffective assistance for failure to proffer justifiable force or mitigated deliberate homicide in standoff with SWAT deferred to postconviction review… claim of ineffective assistance for failure to object to the State’s incorrect statements regtarding the mens rea of deliberate homicide fails to satisfy Strickland and is affirmed… remanded to amend judgment to conform to oral pronouncement… Seeley affirmed, reversed. [Read more…]
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