SEIZURE: No objective data to support belief of “suspicious activity” that would warrant ID requests of occupants of vehicle in park parking lot, passenger’s meth should have been suppressed (youthful appearance of driver who turned out to [Read more…]
Violent offender registration, lifetime
VIOLENT OFFENDER REGISTRATION: Relief from lifetime registration properly denied MSP felony DUI inmate who was convicted of cocaine in Florida during 10-year registration period from Maryland robbery with deadly weapon… Dayton affirmed (IOR I-3(d)). [Read more…]
Postconviction, exculpatory pathologist report
POSTCONVICTION claims as to ineffective assistance of trial counsel in not delivering pathologist report refuting autopsy conclusion of strangulation and of appellate counsel in filing Anders brief properly denied… Bidegaray affirmed. [Read more…]
Confession, deceptive immunity assurances
CONFESSION: Statements underlying felony-murder charge properly suppressed as made with reasonable belief and deceptive assurances of immunity… new trial properly granted following conviction, with statements to police and trial testimony to be suppressed… McNeil affirmed. [Read more…]
DUI, observation v. video, wrong statute
DUI: Observation of driving given deference over video, citation to wrong statute not relevant to particularized suspicion… Gilbert affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, recently regained memory
PLEA WITHDRAWAL: Defendant’s recently regained memory that he was not driving insufficient evidence of innocence to overcome time bar on withdrawal of nolo plea to vehicular homicide while under influence… Olson affirmed (IOR I-3(d)). [Read more…]
Restitution, post-prison discharge
RESTITUTION not discharged when prison sentence discharged, DOC authorized to garnish wages from unrelated incarceration… Larson affirmed. [Read more…]
Ineffective assistance, tampering mens rea
INEFFECTIVE ASSISTANCE: Failure to object to conduct-based mens rea instruction for tampering more amenable to postconviction… Langton affirmed (IOR I-3(d)). [Read more…]
Restitution, hole in store wall, stolen goods
RESTITUTION: Theft ring member jointly/severally liable for hole in store wall and value of goods passed through, not entitled to benefit of 90-day return policy except salvage value… J. Brown affirmed (IOR I-3(d)). [Read more…]
Postconviction, plea agreement, DUI/reckless
POSTCONVICTION claims related to agreement to plead nolo to reckless driving in exchange for dismissal of 2nd DUI properly rejected… Wheelis affirmed (IOR I-3(d)). [Read more…]
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