Mardell Ployhar – Page 15

SPEEDY TRIAL/SPEEDY SENTENCING claims properly denied, although analysis was rendered incorrect by Betterman… Krueger affirmed (other grounds). [Read more…]

Speedy trial, misdemeanor DUI

July 25, 2015 By lilly

SPEEDY TRIAL claim in misdemeanor DUI case properly denied due to continuances granted for Defendant and evidence of willingness to postpone trial based on attorney’s representation that she planned to file speedy trial waiver… Swingley/Seeley (IOR I-3(d)). [Read more…]

Supervisory control, medical/psychological records

July 11, 2015 By lilly

SUPERVISORY CONTROL of Boucher granted ordering in camera review of medical/psychological records of minor with Williams Syndrome over objection from SIWC Defendant that review not necessary and Boucher’s position that he is not a psychologist or psychiatrist and has limited time for review… State has standing to petition on behalf of alleged victim… order. [Read more…]

Attempted deliberate homicide, victim interview

July 11, 2015 By lilly

ATTEMPTED DELIBERATE HOMICIDE: Defendant properly precluded from playing tape of police interview of alleged victim, transcript was sufficient for impeachment… jury properly instructed on mental disease/defect… convictions affirmed… J. Brown affirmed (IOR I-3(d)). [Read more…]

Mental commitment, failure to file report

June 6, 2015 By lilly

MENTAL COMMITMENT: Psychologist’s failure to file statutorily required report not prejudicial in this case, plain error review declined… Deschamps affirmed. [Read more…]

Plea withdrawal, counsel complaints, homicide

May 23, 2015 By lilly

PLEA WITHDRAWAL: Deliberate homicide Defendant not provided adequate opportunity to explain complaints about counsel, remanded for adequate inquiry… Dayton reversed. [Read more…]