INCEST: Evidence of 2012 juvenile molestation of half-sister and admission of sexual feelings only toward her properly admitted as evidence of “longstanding sexual fixation” providing motive for alleged rape in 2017, not outweighed by unfair prejudice… Wilson affirmed. [Read more…]
Drugs, Vietnamese staring at MHP marijuana-stuffed van
DRUGS: Officer’s “cordial conversation” with Vietnamese at gas station on drug corridor who was staring at MHP van stuffed with marijuana constituted seizure which was not justified by particular suspicion… motion to suppress marijuana found in consented search of car improperly denied… Hayworth reversed. [Read more…]
Trial restraints, MSP inmate, leg irons, guards present
TRIAL RESTRAINTS: MSP inmate charged with spitting on guards not deprived of fair trial by having to wear leg irons and presence of guards in courtroom… Dayton affirmed (memorandum). [Read more…]
Incest/sexual assault of young son, no double jeopardy
INCEST/SEXUAL ASSAULT: Sexual assault not lesser included of incest, convictions in relation to young son not violative of double jeopardy… contrary conclusion in Hall overruled, Sor-Lokken clarified, “without consent” applies in all sexual assaults regardless of age of victim… Berger affirmed. [Read more…]
Rape, hearsay statements/video, deaf/DD 13-year-old
RAPE: Hearsay statements and video of deaf and developmentally delayed 13-year-old girl improperly admitted through counselors and investigator… not harmless error… conviction reversed, remanded for new trial… Pinski reversed. [Read more…]
Patronizing prostitution, privacy in texts to sting agent
PATRONIZING PROSTITUTION: No reasonable expectation of privacy in texts sent to federal agent in response to internet sting ad… Rienne McElyea affirmed. [Read more…]
Mistrial, improper sua sponte by distraught Judge
MISTRIAL improvidently granted sua sponte on 3rd day of incest/bail jumping trial by Judge distraught over reporter’s heart attack or stroke and inability to get replacement… double jeopardy violated by retrial on amended charge of SIWC due to uncle/niece sex not “incest”… convictions reversed with prejudice… Pinski reversed. [Read more…]
Arson, multiple convictions
ARSON: 2 of 3 counts involved same elements, State concedes that 1 should have been dismissed… claims of ineffective assistance for telling the jury that the truth is between the State’s version and Defendant’s version and for failing to introduce testimony as statement against interest more appropriate for postconviction… untimely PFO notice not prejudicial… conviction on 2 counts of torching trailer and consecutive 20-year terms affirmed… Parker affirmed, reversed (memorandum). [Read more…]
Exculpatory evidence, alleged rape victim’s med records
EXCULPATORY EVIDENCE: Supervisory control of Menahan denied as to denial of rape Defendant’s motion for in camera review of alleged victim’s medical records… order. [Read more…]
DUI, license reinstatement, citation date discrepancy
DUI: License reinstatement properly denied over challenges to grounds to arrest and require breath test, alleged hearsay testimony by officer, 4-day discrepancy in citation date… Deschamps affirmed (IOR I-3(c)). [Read more…]
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