REVOCATION: Defendant properly found to have absconded by failing to maintain contact with PO, a non-compliance violation obviating need to exhaust MIIG procedures… Boucher affirmed. [Read more…]
House shooting, hearsay, late witness disclosure
HOUSE SHOOTING: Convictions for shooting into house with bullet lodged in wall near neighbor child’s bed and another grazing baby’s head on neighboring porch affirmed over hearsay and witness disclosure issues… Manley affirmed (IOR I-3(c)). [Read more…]
Drugs, summary rejection of meth informant disclosure
DRUGS: Summary rejection of meth informant disclosure not grounds for reversal where Defendant pled guilty before balancing could be done and only speculated as to potential for entrapment argument… Eddy affirmed. [Read more…]
Revocation, absconding by failure to report
REVOCATION: Drug Defendant properly found to have absconded by failing to report… Wilson affirmed. [Read more…]
Surreptitious recording of child in bathroom
SURREPTITIOUS RECORDING: Colloquy admission of surreptitiously photographing a 14-year-old girl in the bathroom sufficient factual basis to infer that Defendant was photographing someone engaged in “sexual conduct” including “defecation or urination for the purpose of the sexual stimulation of the viewer” and not merely conduct such as taking medication… postconviction petition properly denied without a hearing… Menahan affirmed (IOR I-3(c)). [Read more…]
Drugs, CI identity in drug buy improperly withheld
DRUGS: Identity of CI in drug buy improperly withheld, must be disclosed or charges dismissed… Gilbert reversed. [Read more…]
PFMA strangulation, blocking air to nose and mouth
PFMA STRANGULATION: Sufficient evidence that Defendant purposely or knowingly impeded girlfriend’s breathing by blocking air to her nose and mouth… attorney’s mistake in opening door to testimony of prior domestic violence not prejudicial… conviction affirmed… Knisely affirmed. [Read more…]
Jury, for-cause challenge, child rape
JURY: No abuse of discretion in denying challenge for cause of panelist in child rape case… Souza affirmed. [Read more…]
Search & seizure, stop of suspect seen on surveillance
SEARCH & SEIZURE: Officers had particularized suspicion to stop suspect seen on surveillance buying gas with stolen credit card… contrary Federal Court finding in firearms case result of different questions, witnesses, evidence, attorneys… Seeley affirmed (IOR I-3(c)). [Read more…]
Deposition of PFMA witness
DEPOSITION OF WITNESS who declines interview by PFMA Defendant properly denied… Jenks affirmed. [Read more…]
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