JUSTICE COURT SPEEDY TRIAL: State failed to show good cause for trial delay of Defendant who was in federal custody, dismissal for failing to meet 6-month deadline improperly denied… Fagenstrom/Kutzman reversed. [Read more…]
Prosecutorial misconduct, “were they lying?”
PROSECUTORIAL MISCONDUCT: Prosecutor’s “were they lying” questions proper because robbery Defendant’s and witnesses’ testimonies were diametrically opposed… “you could just tell the truth, couldn’t you?” was not personal opinion as to whether Defendant was telling the truth… counsel not ineffective for failing to object… postconviction petition properly denied… Ohman affirmed. [Read more…]
DUI, witness prior false reporting conviction
DUI: Defendant properly allowed to cross-examine witness as to details of her conviction for false reporting but not evidence of the conviction itself… Abbott affirmed (memorandum). [Read more…]
Restitution, homicide bullet holes repairs
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…]
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