ASSAULT ON OFFICER: Instruction requiring finding that deputies were officers during confrontation failed to also instruct that Defendant must have known them to be officers… convictions reversed… Salvagni reversed. [Read more…]
Restitution, shooting of family dog
RESTITUTION: Claim for wages/income lost attending proceedings and assisting in prosecution of Defendant accused of killing family dog improperly awarded… restitution properly awarded for stress-related medicals… Oldenburg affirmed, reversed. [Read more…]
Rape, post-trial victim statements
RAPE: Untimely motion for new trial based on woman’s impost-trial statements that she remembered urinating on herself and could not feel below waist contradicting trial testimony that fluid was vaginal should have been granted because of reasonable probability of different outcome of trial of alleged digital massage rape, not left to postconviction consideration… Dayton reversed. [Read more…]
Election between assault/elder abuse
ELECTION BETWEEN OFFENSES: Claim of double jeopardy, illegal multiple offenses in charging elder abuse and aggravated assault premature before conviction… Oldenburg affirmed (opinion & order). [Read more…]
Restitution, counseling, protective order violation
RESTITUTION: Counseling costs for sex abuse accuser improperly imposed for violation of order of protection… McLean reversed. [Read more…]
Speedy trial, misdemeanor DUI, constitutional right
SPEEDY TRIAL: Right to trial within 6 months for misdemeanor DUI waived by postponement on motion of Defendant, but constitutional speedy trial claim remains, improperly summarily rejected… 375 days sufficient to trigger analysis, remanded for analysis under Ariegwe… Wood/Seeley reversed. [Read more…]
Robbery accountability, getaway driver
ROBBERY ACCOUNTABILITY: Jury properly instructed on accountability of Defendant who drove car to store where friend shot clerk, then drove car away… sufficient evidence to go to jury… amount of restitution for clerk’s future medicals improperly referred to Parole/ Probation… Judge not required to explain [Read more…]
Restitution, victim’s affidavit
RESTITUTION properly based on victim’s affidavit… Ulbricht affirmed (IOR I-3(d)). [Read more…]
Revocation, rape witnesses limit, alcohol admission
REVOCATION: Witnesses as to alleged victim’s credibility as to rape/PFMA properly limited to 3 rather than 7 requested by Defendant… regardless, revocation proper based on alcohol admission…. Townsend affirmed (IOR I-3(d)). [Read more…]
Postconviction, handwritten prison form
POSTCONVICTION petition alleging ineffective assistance improperly summarily dismissed based on handwritten prison form petition in light of 25-page typed supporting memorandum… other claims properly dismissed… Jones reversed, affirmed (IOR I-3(d)). [Read more…]
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