AGGRAVATED ANIMAL CRUELTY: Sufficient evidence to convict of mistreating hundreds of cats “without justification” over claim of circumstances beyond control… “inflammatory” prosecutorial comments not prejudicial in context of entire trial… Ortley affirmed. [Read more…]
Postconviction, untimely, double jeopardy
POSTCONVICTION: Miscarriage of justice exception not applied to untimely petition, Petitioner also failed to provide Justice Court records to support claim of double jeopardy by District Court PFMA conviction… H. Brown affirmed (IOR I-3(d)). [Read more…]
Ineffective assistance, prejudice
INEFFECTIVE ASSISTANCE claim properly rejected for failure to establish prejudice by no objection to use of statements to officers… felony DUI affirmed… Deschamps affirmed (IOR I-3(d)). [Read more…]
Plea agreement, production years after conviction
PLEA AGREEMENT: Request for production of alleged plea agreements years after rape conviction, exhaustion of appeals, properly denied… Neill affirmed (IOR I-3(d)). [Read more…]
ICWA, parental termination
ICWA requirements not followed, remanded for new parental termination hearing… Sandefur reversed. [Read more…]
Procedure, default judgment, late State’s brief
PROCEDURE: Defendant not entitled to default for State’s late brief… Salvagni affirmed (IOR I-3(d)). [Read more…]
Postconviction DNA, identity not at issue
OSTCONVICTION DNA TESTING not available where identity not significant issue, fact issues waived by guilty plea… Larson affirmed (IOR I-3(d)). [Read more…]
Sentencing, SRD-enhanced no parole credit
SENTENCING: Challenge of SRD-enhanced sentence that precluded good time toward parole untimely when construed as postconviction petition, may be more appropriate by habeas… Townsend affirmed (IOR I-3(d)(v)). [Read more…]
Appeal from municipal court, failure to perfect
APPEAL FROM MUNICIPAL COURT properly dismissed for failure to perfect… McLean affirmed (IOR I-3(d)). [Read more…]
Restitution, assault, attempted suicide medicals
RESTITUTION for assault of wife properly included attempted suicide medicals… Simonton affirmed. [Read more…]
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