DUI: Reasonable ground to stop for failure to stop at sign, Deputy did not represent that Defendant would not lose license if he provided PBT sample, claim of disabling fear of blood-draw needles properly rejected… reinstatement properly denied… McKeon affirmed. [Read more…]
Discovery, DPHHS files of alleged sex victims
DISCOVERY: Once sex-offenses Defendant invoked right to DPHHS files of alleged victims, Judge was required to conduct in camera review to ascertain if they contained exculpatory information… appeal of conviction dismissed without prejudice, remanded for in camera review… McNeil reversed… opinion & order. [Read more…]
Sentencing, deferred, prior felony rule
SENTENCING: Endangerment for having child in DUI car not eligible for deferred imposition under prior felony rule exception where threat of injury (as opposed to risk) is element but no injury [Read more…]
Speedy trial, repeated failure to appear
SPEEDY TRIAL: Repeated unexplained failures to appear constituted good cause for postponing misdemeanor trial beyond 6 months, judge properly elected not to try in absentia… Defendant at large for 3 years obviously did not want timely trial… Ulbricht/Allison affirmed. [Read more…]
Sexual assault, Defendant/victim ages (replaced)
SEXUAL ASSAULT: Sufficient evidence that jury made factual finding as to ages of victim (under 16) and Defendant (more than 3 years older) to satisfy felony sexual assault (as opposed to misdemeanor)… revised opinion on petition for rehearing… Boucher reversed. [Read more…]
Rape, new trial, prior molestation charge/acquittal
RAPE: New trial should have been granted for use of newspaper article about prior molestation charge (of which Defendant was acquitted) to insinuate that Defendant was child molester and therefore more likely to have assaulted alleged victim rather than merely explain how article prompted her to come forward after 4 years… Stadler reversed. [Read more…]
Burglary, intent to commit custodial interference
BURGLARY: Sufficient facts that Defendant broke into house with intent to commit custodial interference by taking grandchildren, not necessary to allege custodial interference facts… Todd affirmed (IOR I-3(d)). [Read more…]
Sentencing, theft, sex offender conditions
SENTENCING: Judgment improperly omitted stay of restitution as pronounced orally… sex offender designation improperly imposed for theft… sex conditions improperly imposed based on rape conviction which was reversed and dismissed on remand, remanded for reconsideration of nexus… McLean reversed (IOR I-3(d)). [Read more…]
Sexual assault, Defendant/victim ages, sentencing
SEXUAL ASSAULT: Sufficient evidence that jury made factual finding as to ages of victim (under 16) and Defendant (more than 3 years older) to satisfy felony enhancement under Apprendi… Boucher reversed. [Read more…]
Sentencing, 1996 drug/PFO illegal
SENTENCING: 1996 drug/PFO sentence illegal separate sentences under current precedent despite prior affirmation… habeas granted… order. [Read more…]
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