PARENTAL TERMINATION: Father had right to cross-examine attorney-GAL who submitted factual report, but exclusion of her [Read more…]
Drugs, subsequent charge, drugs from same bag
DRUGS: Dismissal of methadone in syringe following conviction of meth residue on spoon properly denied over claim of same [Read more…]
Right to be present, omnibus hearing
RIGHT TO BE PRESENT: No reversible error in omnibus hearing without homicide Defendant… no prejudice to Defendant, so no [Read more…]
Habitual traffic offender, 4-wheeler motor vehicle
HABITUAL TRAFFIC OFFENDER: Full statutory definition of “motor vehicle” properly applied to 4-wheeler… conviction affirmed… [Read more…]
DUI, arrest at home, Miranda
DUI: No plain error review of claims of lack of probable cause to arrest at home or untimely Miranda… no review of refusal to [Read more…]
DUI, fog line crossover, explanation v. suspicion
DUI: Particularized suspicion for stopping driver who drove over fog line 3 times near bar closing time, immaterial that driving [Read more…]
DUI/evidence, hospital records hearsay exception
DUI/EVIDENCE: Federal case improperly relied on to expand business records hearsay exception to encompass record made [Read more…]
Homicide, video deposition, dynamite instruction
DELIBERATE HOMICIDE: Confrontation rights protected by video deposition of pregnant DNA expert unable to travel rather than [Read more…]
DUI, pre/post-Miranda statements
DUI: Pre/post-Miranda statements, Prosecutor’s closing comment, not reviewed under plain error, ineffective assistance [Read more…]
Child sex abuse (porn), conduct, fact, circumstances
CHILD SEX ABUSE: Jury properly instructed on conduct and fact and not circumstances in child porn case… conviction [Read more…]
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