PFMA/SENTENCING: Old forgery charge against victim properly excluded… 5 years to DOC properly imposed based on PFO and threat to community… Gustafson affirmed. [Read more…]
Restitution, comparative negligence, police pursuit
RESTITUTION: Comparative negligence of officer should be applied in considering restitution for damage to police vehicles in pursuit of suspected mental case charged with eluding… Stadler reversed. [Read more…]
Restitution, comparative negligence, bicycle/auto
RESTITUTION: Sufficient evidence that Defendant convicted of failure to remain at scene and report accident was also cause of injury to bicyclist, Defendant waived comparative negligence of bicyclist illegally riding on [Read more…]
Ineffective assistance, child credibility “bolstering,”
INEFFECTIVE ASSISTANCE claims relating to failure to object to psychologist’s alleged bolstering or introduce answering machine tape of girl claiming “boastfully” to have had sex with man not prejudicial to outcome, properly rejected… McKittrick affirmed. [Read more…]
Evidence, hearsay statement of co-Defendant
EVIDENCE: DUI Defendant’s mother should have been allowed to give testimony as to alleged statement against interest by co-Defendant who invoked 5th that Defendant was driver of disabled car… McKeon reversed. [Read more…]
Ineffective assistance, child sex victim expert
INEFFECTIVE ASSISTANCE: Counsel adequately resisted testimony of family therapist based on SVA of purported child sexual assault victim with no in-person interview or verbatim transcript of police interview… failure to produce promised medical evidence of no injury did not [Read more…]
Medical marijuana, hashish
MEDICAL MARIJUANA: Hashish not “useable marijuana” per MMA… lenity not applied in light of clear statutes… felony possession affirmed… Larson affirmed. [Read more…]
Drugs, mere presence at failed transaction
DRUGS: Mere presence during failed transaction insufficient to prove accountability for later sale… distribution accountability conviction reversed… Day reversed. [Read more…]
Drugs, nervous speeder, inquisitive officer
DRUGS: Inquisitive trooper had particularized suspicion of wrongdoing of nervous speeder with conflicting explanation of where he was heading and why, subsequent criminal check which indicated drug dealing, and [Read more…]
Costs, defender/prosecution/jury
COSTS of defender, prosecution, jury awarded without proper consideration of ability to pay, rights of indigent to jury trial… Christopher reversed. [Read more…]
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