RESTITUTION improperly imposed for extradition costs when Montana escapee was “apprehended” by Idaho officers… Sherlock reversed. [Read more…]
Instructions, elements of offense prior to opening
INSTRUCTIONS: Deschamps erred in instructing on elements of marijuana distribution prior to opening, but Defendant not prejudiced… conviction affirmed. [Read more…]
Restitution, retirement withdrawal taxes, theft
RESTITUTION properly imposed for money directly given to land investment theft by deception Defendant, excise taxes for early withdrawal of retirement, tax attorney fees… restitution improperly imposed for other tax obligations… Larson affirmed, reversed. [Read more…]
Theft/burglary, accountability instruction
THEFT/BURGLARY: Jury properly instructed on accountability even though accountability not charged, Tower reaffirmed… no ineffective assistance in offering result-based instruction as Defendant could have been convicted under either result or [Read more…]
Drugs, knock & talk, address dispute, plain sight
DRUGS: Officers’ claim that they knocked on Defendant’s door to inquire about address they were seeking to serve arrest warrant properly accepted over Defendant’s claim his house and mailbox numbers were clearly visible, motion to suppress marijuana seized in excess of medical provider limit properly denied… $800 [Read more…]
Sentencing, oral/written, parole eligibility
SENTENCING: Appeal of inconsistent oral and written sexual assault sentences as to parole eligibility barred by failure to raise in postconviction proceeding below… attorney not [Read more…]
DUI, “welfare check”
DUI arrest following “welfare check” of person slumped over in parked car with engine running & lights on affirmed… Sherlock affirmed (IOR I-3(d)). [Read more…]
Mental commitment, active participation in hearing
MENTAL COMMITMENT: Person’s active participation in hearing did not reduce lawyer to “standby”… due process not violated by evaluator presenting report in testimony rather than filing it… [Read more…]
Postconviction, “new evidence” of rape exam
POSTCONVICTION: Claim that new evidence of rape exam would demonstrate “actual innocence” could have been raised in prior petition, properly dismissed… Larson affirmed (IOR I-3(d)). [Read more…]
New trial, untimely motion, oral/written sentence
NEW TRIAL/SENTENCING: Motion for new trial untimely more than 30 days after conviction, letter seeking different lawyer in different trial properly not construed as motion for new trial… [Read more…]
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