THEFT/RESTITUTION: Sufficient evidence of felony theft by participant in van joyride… restitution for damage to van [Read more…]
DUI, traffic stop, officers’ marijuana expertise
DUI: Particularized suspicion to stop vehicle that screeched/revved in view of officers on another stop… [Read more…]
Plea withdrawal, voluntariness
PLEA WITHDRAWAL: No indication of involuntariness, withdrawal properly denied… Sherlock affirmed (IOR 3(d)(v)). [Read more…]
DUI, double-yellow centerline
DUI: Particularized suspicion for stopping driver who swerved toward and onto double-yellow centerline… license [Read more…]
DUI, car in ditch, credit against fine
DUI: Facts surrounding car in ditch symptoms of intoxication providing probable cause for arrest despite no field tests… [Read more…]
PFMA, injury v. apprehension
PFMA: Jury improperly instructed on apprehension when Defendant only charged with injury… conviction reversed, remanded for new trial… Rice reversed. [Read more…]
Aggravated assault, reference to sex abuse
AGGRAVATED ASSAULT: Any error from reference to sexual allegation presumed cured by cautionary instruction, but rebutted, overwhelming evidence of abuse of infant, mistrial properly denied… Larson affirmed. [Read more…]
Obstruction, ineffective assistance, “knowing”
OBSTRUCTION/INEFFECTIVE ASSISTANCE: “Knowing” element requires more than defendant was aware of his conduct… counsel ineffective for not objecting to instruction (plain error review)… remanded for new trial… Phillips reversed. [Read more…]
Death penalty, amended affirmance
DEATH PENALTY: Opinion affirming Lovell’s denial of habeas for death row convict amended by striking 2 sentences… no further petitions for panel or en banc rehearing allowed… order. [Read more…]
Deliberate homicide, jury room, transaction rule
DELIBERATE HOMICIDE: Expert reports properly allowed in jury room, not violative of common law rule against submitting testimonial materials for unsupervised review… [Read more…]
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