RESTITUTION: $13,495 to repair damage to rental property from bullet that passed through deceased and into walls and bookcase not supported, remanded for proper determination… Abbott reversed (memorandum). [Read more…]
Youth, ineffective assistance standard
YOUTH: Unnecessary to adopt modified criteria for youth court ineffective assistance claims as youth accused of sex offenses was not prejudiced by failure to object to hearsay under any standard… Seeley affirmed. [Read more…]
Incest/intimidation, anal rape of young daughter
INCEST/INTIMIDATION convictions for anal rape of young daughter affirmed but 678 days of pretrial incarceration should have been credited to 100-year sentence… Lint affirmed, reversed (memorandum). [Read more…]
Jury selection, jury notice compliance
JURY SELECTION: Supervisory control of Eddy to strike panel for failure of Clerk to follow up with prospective jurors who failed to respond to Jury Notice denied as moot… order. [Read more…]
DUI, panelist’s neutrality doubts due to alcoholic family
DUI: No error in refusing to strike panelist who doubted ability to remain neutral due to growing up in alcoholic family… Oldenburg affirmed (memorandum). [Read more…]
Revocation, sex treatment not in original sentence
REVOCATION: Suspended sentence improperly revoked for being terminated from sex treatment when no such condition was imposed in sentence… Hayworth reversed (memorandum). [Read more…]
Sex offender registration, retroactive ex post facto
SEX OFFENDER REGISTRATION: Retroactive application of post-07 SVORA amendments constitute ex post facto lifetime punishment… Defendant convicted of sexual assault in 1994 improperly convicted in 2019 for failure to register… Whelan reversed. [Read more…]
Deliberate homicide, Prosecutor’s statements/comments
DELIBERATE HOMICIDE: Failure to object to Prosecutor’s improper or borderline improper statements and comments regarding Defendant accused of disappearing his girlfriend not ineffective assistance especially in light of independent evidence of guilt and his own trial admissions… Best affirmed (memorandum). [Read more…]
Waiver of counsel, awareness of PFO penalties
WAIVER OF COUNSEL: Counsel intelligently waived as robbery Defendant knew risks and was advised of potential PFO-enhanced penalties and sentenced well within range… Eddy affirmed. [Read more…]
Theft, Defendant caught driving stolen truck
THEFT: Defendant caught driving stolen truck that he claimed he was hired to drive to South Dakota properly convicted despite no instructions on results-based definitions of knowingly and purposely… Murnion affirmed (memorandum). [Read more…]
- « Previous Page
- 1
- 2
- 3
- 4
- 5
- 6
- …
- 25
- Next Page »