Mardell Ployhar – Page 23

DUI, parked car “seizure”

December 11, 2010 By Frank

DUI: Defendant not “seized” by officer parking behind car in bar parking area at 3:20 a.m., shining spotlight into vehicle, [Read more…]

Endangerment, assault lesser-included

October 23, 2010 By Frank

ENDANGERMENT: Assault not lesser included under §46-1-202(9)(a), (c)… McKinnon affirmed. [Read more…]

Sentencing, intended meth dealer, MSP v. treatment

September 18, 2010 By Frank

SENTENCING: Intended meth dealer properly sentenced to MSP, not treatment… no ineffective assistance in not seeking reconsideration… Langton affirmed. [Read more…]

Restitution, open-ended, undetermined amount

September 18, 2010 By Frank

RESTITUTION order by Stadler improperly open-ended with undetermined amount, remanded for specified amount rather than striking… order. [Read more…]

Plea withdrawal, “actual innocence” exception

September 11, 2010 By Frank

PLEA WITHDRAWAL: “Steep hurdle” required to meet “actual innocence” exception to 1-year bar for plea withdrawal (1st impression of 2003 amendment)… Defendant failed to satisfy exception, withdrawal properly denied… Haynes affirmed. [Read more…]

SVORA, retroactivity notice

September 11, 2010 By Frank

SVORA: Defendant had notice of retroactive registration requirement based in part on call from officer… vagueness challenge not addressed on appeal… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]

Sentencing, parole eligibility, plea agreement

August 28, 2010 By Frank

SENTENCING: 40 years, no parole for 20 years for mitigated deliberate homicide vacated pursuant to stipulation following dispute over parole restriction and whether plea agreement breached… remanded for new sentencing with new judge in place of Lympus… order. [Read more…]