Mardell Ployhar – Page 17

Speedy trial, case fell off calendar

July 5, 2014 By lilly

SPEEDY TRIAL claim improperly denied for felony DUI Defendant whose case fell off Justice Court calendar and who failed to complain until after information filed in District Court 178 days after arrest and who wore SCRAM for 8½ months… Seeley reversed. [Read more…]

Postconviction/plea withdrawal

July 5, 2014 By lilly

POSTCONVICTION/PLEA WITHDRAWAL denied for Defendant sentenced to 135 years for casino robbery and rampage in 1998… Lympus affirmed (IOR I-3(d)). [Read more…]

Sentencing, illegal separate PFO

June 28, 2014 By lilly

SENTENCING: 60 years for PFO improperly imposed by Langton separately to 60 years for rape/kidnap/ weapon… habeas granted… order. [Read more…]

Revocation, procedural challenges

June 28, 2014 By lilly

REVOCATION procedural challenges properly rejected… Seeley affirmed (IOR I-3(d)). [Read more…]

Aggravated assault, jury, transaction rule

May 31, 2014 By lilly

AGGRAVATED ASSAULT/ASSAULT WITH WEAPON: Challenges to jury selection, refusal to declare mistrial, and evidence admitted under transaction rule rejected… convictions affirmed… Deschamps affirmed (IOR I-3(d)). [Read more…]

Probation search, purse, pills, drug offense

May 10, 2014 By lilly

PROBATION SEARCH of purse proper in light of drug offense and deferred imposition medications condition, pills in purse properly not suppressed… Wheelis affirmed. [Read more…]

Search & seizure, Pastos routine inventory

April 19, 2014 By lilly

SEARCH & SEIZURE: Pastos inventory searches affirmed… search of purse seized after shoplifting arrest and transported separately to station valid inventory search, suppression of cocaine in purse properly denied… Boucher affirmed. [Read more…]

Elder exploitation, victim competency

April 12, 2014 By lilly

ELDER EXPLOITATION: Testimony of victim at competency hearing properly excluded from trial where deteriorating health precluded testifying… conviction affirmed… Townsend affirmed. [Read more…]

Revocation, sentencing dates, petition timeliness

March 8, 2014 By lilly

SENTENCING/REVOCATION: Sentencing dates including time-served properly calculated, revocation petition timely… Larson affirmed (IOR I-3(d)). [Read more…]

Incest, prior accusations, intoxication by meds

March 1, 2014 By lilly

INCEST: Request to examine accuser as to prior accusations properly denied for lack of showing of falsity… intoxication instruction based on prescription medications proper… new trial properly denied based on juror’s failure to disclose childhood [Read more…]