CHILD RAPE/SEXUAL ASSAULT: Continuance due to late disclosure properly denied… mistrial properly denied as to Prosecutor’s comments about necessity of jury trial… Defense Counsel rapped for suggesting that male jurors would appreciate how impossible it is to undress a woman who is resisting… Newman affirmed. [Read more…]
Drugs, accountability for marijuana grow
DRUGS: Jury properly instructed on accountability for marijuana grow despite Defendant not being charged with accountability… Prosecutor’s closing statements not misconduct… Defendant’s request for surrebuttal to get in last word properly denied… Hayworth affirmed. [Read more…]
Rape/sex assault, prior child accusations
RAPE/SEXUAL ASSAULT: Mazurek hearing on prior child accusations properly closed… Defendant properly precluded from questioning accuser about prior allegations… Sherlock affirmed. [Read more…]
Speedy trial, dismissal to refiling time
SPEEDY TRIAL: Time between dismissal and refiling when accused is under no official restraint not counted per USSC ruling… no due process violation where dismissal was for venue reasons and accused was incarcerated due to separate conviction… Moses affirmed (other grounds). [Read more…]
Counsel substitution, sentencing hearing
COUNSEL SUBSTITUTION properly denied at sentencing hearing following child sex abuse trial at which medical exam report of intact hymen had not been introduced… related IAC claim more amenable to postconviction… Tucker affirmed. [Read more…]
Mental commitment, unable to care/threat
MENTAL COMMITMENT: Sufficient evidence that bipolar person living in van was unable to care for her needs or was a threat to others, not denied effective assistance… Gustafson affirmed. [Read more…]
Ex post facto, aggravated DUI, BAC test refusal
EX POST FACTO not violated by 2013 aggravated DUI conviction based on 2007 refusal to submit to breath or blood test under 2011 law… Wilson/Allison affirmed. [Read more…]
Ineffective assistance, “revolving door” of attorneys
INEFFECTIVE ASSISTANCE claims of “revolving door” of OPD attorneys, failure to present evidence of murder victim’s history of violence, failure to prepare Defendant for testifying properly rejected… Neill affirmed. [Read more…]
Rape/incest, prior child sex abuse, Rape Shield
RAPE/INCEST: Alleged prior sexual abuse properly excluded under Rape Shield Law… Oldenburg affirmed. [Read more…]
DUI, medical technologist blood draw
DUI: Medical technologist at medical center which is supervised by offsite MD qualified to draw blood… 5th DUI affirmed… Wheelis affirmed. [Read more…]
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