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…]
Prostitution promotion, pro se, video testimony
PROSTITUTION PROMOTION: Summary grant of Defendant’s motion to proceed pro se 4 days before trial was not plain error, but the alleged victim’s testimony from New Mexico via video violated Defendant’s confrontation rights… conviction reversed, remanded for retrial… Harris affirmed, reversed. [Read more…]
Restitution, stalking victim’s lost wages
RESTITUTION: Stalking victim entitled to restitution for lost wages but appropriate amount requires further substantiation… Owen reversed (memorandum). [Read more…]
Postconviction, co-defendant findings by another judge
POSTCONVICTION petition properly denied without a hearing based on findings by another Judge in co-defendant’s case… Larson affirmed. [Read more…]
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