ASSAULT ON OFFICER: Reasons for sentencing obstreperous inmate to 24 years at MSP improperly premised on exercise of rights to remain silent, against self-incrimination, to jury, remanded for sentencing before a different judge… plain error review of claim of outrageous conduct by jailers declined… Owen affirmed, reversed. [Read more…]
Aggravated assault of 3-year-old
AGGRAVATED ASSAULT: Conviction for injuring 3-year-old affirmed over speedy trial issues (613 days) involving frequent counsel substitutions and Interstate Agreement on Detainers… Linneweber affirmed. [Read more…]
Robbery/kidnap/drugs, pharmacy holdup
ROBBERY/KIDNAP/DRUGS: Pharmacy robbery convictions affirmed over challenges to hearing impaired witness, sufficiency of evidence, use of overlay of store and pawn shop security footage during closing… Allison affirmed. [Read more…]
Deliberate homicide, justifiable force
DELIBERATE HOMICIDE: Justifiable force instruction properly denied… Olson affirmed. [Read more…]
Postconviction, child sex abuse, disbarred attorney
POSTCONVICTION relief for alleged ineffective assistance of child sex abuse Defendant’s subsequently disbarred attorney properly denied… Murnion affirmed. [Read more…]
Parental termination based on prior termination
PARENTAL TERMINATION of father’s rights to twins properly relied on prior termination of rights to older siblings and finding of chronic, severe neglect… Grubich affirmed. [Read more…]
Attempted deliberate homicide, video testimony
ATTEMPTED DELIBERATE HOMICIDE/ASSAULT WITH WEAPON convictions reversed for allowing a witness to testify via video without demonstration of unavailability… suppression of drugs in backpack properly denied… motion to substitute counsel properly denied… Menahan reversed, affirmed. [Read more…]
Release from registry denied 1982 SIWC Defendant
RELEASE FROM REGISTRY properly denied Defendant convicted of SIWC in 1982 because, although charged as statutory rapes, they involved force or violence… Bonilla affirmed. [Read more…]
Jury, failure to certify non-responders
JURY: Clerk’s failure to certify to the Sheriff jurors who did not return their questionnaires did not rise to substantial noncompliance… conviction of murder of wife affirmed… Allison affirmed. [Read more…]
Rape, alcoholic “plied with alcohol”
RAPE: Conviction of SIWC of alcoholic affirmed over challenge to mens rea instructions and exclusion of testimony as to victim’s drinking and withdrawal symptoms… Parker affirmed. [Read more…]
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