VEHICLE STOP: Particularized suspicion to stop based on improperly working license light. . . suppression of drug evidence properly denied. . . Moses affirmed (IOR I-3(c)). [Read more…]
Attorney substitution/ineffective assistance
ATTORNEY SUBSTITUTION/INEFFECTIVE ASSISTANCE claims by homicide Defendant properly denied on remand for development of complaints. . . Dayton affirmed. [Read more…]
Ineffective assistance, improper disclosure
INEFFECTIVE ASSISTANCE: Appointed lawyer’s violation of duties of loyalty & confidentiality by questioning Defendant’s entrapment defense with improper email disclosure did not affect outcome, thus no prejudice… suspended license/no insurance convictions affirmed… Wheelis affirmed. [Read more…]
Order of protection, “choice of 2 evils”
ORDER OF PROTECTION: Counsel not ineffective for failing to move to dismiss charge as unconstitutional because he had a right to access his attorneys and the courts or for failing to preserve his “lesser of 2 evils” defense or instruction… conviction affirmed… Jenks/ Deschamps affirmed (IOR I-3(c)). [Read more…]
Revocation, 4-year delay in executing warrant
REVOCATION: Dismissal of petition not required by 4-year delay in executing arrest warrant for Defendant incarcerated part of the time in Colorado… Menahan affirmed. [Read more…]
DUI, restaurant employees’ 911 observations
DUI: Waitress’s 911 observations of drunk while simultaneously relaying co-worker’s observations sufficiently reliable basis for Trooper’s particularized suspicion… Andersen reversed, Townsend affirmed. [Read more…]
DUI, advise of independent blood test
DUI: No obligation to advise of right to independent BAC test where no PAST was given… Eisenbrandt/Christopher affirmed. [Read more…]
Rape, “compelled” testimony from 1st trial
RAPE: “Compelled” testimony from 1st trial on same charge properly admitted at 2nd trial… Allison affirmed. [Read more…]
Mental commitment, IAC per Strickland
MENTAL COMMITMENT: Counsel not ineffective under clarified standard which requires application of Strickland… commitment affirmed… Reynolds affirmed. [Read more…]
SIWC/sexual assault of child
SIWC/SEXUAL ASSAULT of child conviction affirmed over challenges as to unanimity instruction, ineffective assistance, vouching by Prosecutor, nudity/ Internet sentencing conditions… Hayworth, Murnion affirmed (IOR I-3(c)). [Read more…]
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