BAIL JUMPING: Constitutional challenge of “without lawful excuse” rejected… McNeil affirmed (IOR I-3(d)(v)). [Read more…]
Assault with weapon, assault as lesser-included
ASSAULT WITH WEAPON: Denial of instruction on misdemeanor assault as lesser-included of felony assault with weapon improperly took reasonable apprehension and serious injury [Read more…]
DUI, particularized suspicion
DUI: Particularized suspicion to stop… Curtis affirmed (IOR I-3(d)(v)). [Read more…]
Confession, minor, sex offense
CONFESSION of 16-year-old to sex offense was knowing, voluntary, interrogation proper, conflicting intellect opinions properly weighed… Neill affirmed. [Read more…]
DUI, particularized suspicion
DUI: Particularized suspicion for stop… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Speedy trial, misdemeanor reckless driving
SPEEDY TRIAL: Difficult pregnancy of eyewitness to alleged reckless driving good cause for delaying misdemeanor trial past 6 months even though she ultimately was not called… Sherlock affirmed. [Read more…]
DUI, prior ND DUIs
DUI: Claim of infirm prior ND DUIs rejected… Salvagni affirmed (IOR I-3(d)(v)). [Read more…]
Mental commitment, overt acts, silence
MENTAL COMMITMENT: Sufficient recent overt acts… Judge’s comment on refusal to talk to professional was “advice,” not improper comment on silence… commitment affirmed… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Deliberate homicide, interrogation room taping
DELIBERATE HOMICIDE: Exculpatory evidence not denied by test destruction of 2 hairs found on body… jury could properly infer that knife missing from kitchen was murder weapon… [Read more…]
Rape, intoxicated victim
RAPE: Claims of prosecutorial misconduct, ineffective assistance, insufficient evidence, testimony of victim’s boyfriend, public defender fee, rejected… conviction of 3 [Read more…]