INEFFECTIVE ASSISTANCE: Claim that divorce attorney was ineffective resulting in statements that should be suppressed in criminal prosecution fails because there is no right to counsel in a divorce… Olson affirmed (memorandum). [Read more…]
Rape, alleged fabrication to avoid revocation
RAPE: Evidence purporting to show that accuser was motivated to fabricate to avoid jail for violating conditional release properly excluded… Defendant properly limited in attempt to impeach accuser about leniency she allegedly received on pending DUI in another county… disqualification of entire county attorney office due to meritless claim that CA had confidential information from representing Defendant in 2011 properly denied… conviction affirmed… Christopher affirmed. [Read more…]
Incest, 100 years prison no parole for 30 years
INCEST: Plain error review of sentence of 100 years at MSP no parole for 30 years denied… Dayton affirmed (memorandum). [Read more…]
Mistrial, failure to appear, assault with weapon
MISTRIAL: Claim that attorney was ineffective in not opposing mistrial for Defendant’s failure to appear rejected… assault with weapon conviction affirmed… Ruiz affirmed (memorandum). [Read more…]
Rape, ineffective assistance, 5 attorneys, 2 trials
RAPE: Ineffective assistance not established against any of 5 attorneys in 2 trials… Ulbricht affirmed (memorandum). [Read more…]
Rape, mid-trial amended information to correct charge
RAPE: State properly allowed to file a 3rd Amended Information mid-trial after Judge discovered error in charging SIWC under 2017 aggravated SIWC statute that was not effective at time of charged offense… instruction on consent not reversible under plain error review… convictions affirmed… McMahon affirmed. [Read more…]
Rape, false reporting statistics
RAPE: Counsel’s failure to object to expert testimony as to false reporting statistics was ineffective assistance, prejudicial in that objection might have resulted in acquittal… rape conviction reversed, remanded for new trial… other charges involving girlfriend affirmed… Reynolds reversed, affirmed. [Read more…]
Ineffective assistance, Oxycodone prescriptions
INEFFECTIVE ASSISTANCE claims relating to conviction for possessing Oxycodone purportedly obtained via valid prescriptions but taken in non-prescribed manner (crushed, heated, injected rather than by mouth) properly rejected… Reynolds affirmed (memorandum). [Read more…]
DUI, circumstantial evidence instructions, prior DUI
DUI: Proper circumstantial evidence instruction given at trial of intoxicated man found sleeping in vehicle in snowbank… 2004 DUI properly found constitutionally firm to support felony enhancement… Menahan affirmed (memorandum). [Read more…]
PFMA, replays of incriminating videos, deliberating jury
PFMA: Replays of videos of incriminating statements to the deliberating jury without notice to the parties constituted reversible error… felony conviction reversed, remanded for new trial… Cuffe reversed. [Read more…]
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