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…]
Ineffective assistance, divorce attorney, theft
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…]
- « Previous Page
- 1
- …
- 3
- 4
- 5
- 6
- 7
- …
- 26
- Next Page »