RAPE: Speedy trial right not violated by 571 days delay… allowing detectives to read aloud from interview transcript not proper refreshment procedure but statements were otherwise admissions by party opponent and record does not establish that detectives were not testifying from refreshed recollections… conviction of rape of 8-year-old affirmed… Salvagni affirmed. [Read more…]
Plea agreement, withdrawal v. enforcement
PLEA AGREEMENT/IAC: Standoff Defendant who elected to withdraw plea not entitled to specific performance of agreement… reason for not pursuing speedy trial motion not apparent on record, IAC claim more amenable for postconviction… Neill affirmed. [Read more…]
PFMA/tampering, jailhouse letters, handwriting
PFMA/TAMPERING: Threatening/intimidating jailhouse letters not protected marital communication… officer’s lay handwriting analysis improperly admitted, but error harmless… Fagg affirmed (other grounds). [Read more…]
DUI, passive BAC test compliance
DUI: Passive compliance with blood test insufficient withdrawal of implied consent… Bolstad/Macek affirmed. [Read more…]
Ineffective assistance, mitigated homicide
INEFFECTIVE ASSISTANCE claims by mitigated deliberate homicide Defendant properly denied without hearing… Townsend affirmed (IOR I-3(c)). [Read more…]
Youth, private group home to Pine Hills
YOUTH properly transferred from private group home to Pine Hills despite mistaken belief that case was subject to probation revocation… counsel not ineffective for not objecting to procedure (AS standard retained over advocacy for Strickland)… Olson affirmed (other grounds). [Read more…]
Assault on minor, lying interrogators of mother
ASSAULT ON MINOR: Mother’s interrogation “admission” to shaking baby who died of brain injury improperly induced by psychological coercion, lies, misrepresentations, improperly admitted at trial… conviction reversed… Sandefur reversed. [Read more…]
Mental commitment, homicidal/suicidal statements
MENTAL COMMITMENT: Homicidal/suicidal statements sufficient proof of imminent threat… Moses affirmed (IOR I-3(c)). [Read more…]
DUI, Intoxilyzer challenge, new theory on appeal
DUI: Suppression of breath test properly denied based on challenge of Intoxilyzer gas standard, new theory challenging field certification improperly raised on appeal… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Speedy trial, 6 months City Court, waiver
SPEEDY TRIAL: 6-months trial right waived by Defendant’s motion to continue and vacate trial date… Muth/Jones affirmed. [Read more…]
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