POSTCONVICTION DNA: Hit & run driver identity was significant issue, but DNA testing of bloody envelope found on passenger side would not establish whether Defendant was the driver… (first impression, de novo review standard)… no [Read more…]
Mental commitment, forced medication
MENTAL COMMITMENT: Forced medication prior to hearing proper in emergency detention (conflicting statutes reconciled)… paranoia, grandiose thoughts, extreme religious ideation, suspicion of helpers supported finding of bipolar for [Read more…]
Sentencing, “actual innocence,” homicide, habeas
SENTENCING: Habeas Petitioner failed to show “actual innocence” of deliberate homicide, new evidence not significantly different from what jury considered… not [Read more…]
Death penalty, ineffective assistance, no prejudice
DEATH PENALTY: Attorney ineffective by not investigating double murder and client’s mental state or discussing defenses with client who insisted on pleading guilty and [Read more…]
DUI, particularized suspicion, probable cause
DUI: Burden for license reinstatement not met… particularized suspicion, probable cause, denial of request to read consent form… Jones affirmed (IOR I-3(d)(v)). [Read more…]
Ineffective assistance, incest Defendant
INEFFECTIVE ASSISTANCE claims by incest Defendant rejected… Sandefur affirmed.
Darryl Hamilton was convicted in 4/05 of 8 counts of felony incest of stepdaughter BH, 15 at the time of trial, and was sentenced by [Read more…]
DUI, marijuana, driving, snow-obscured plate
DUI: Sufficient particularized suspicion based on driving to stop marijuana smoker, beyond stated reason of snow-obscured plate… Salvagni affirmed. [Read more…]
DUI, community caretaker, stopped on shoulder
DUI: Patrolman had caretaker duty to determine if person outside car on shoulder in remote area of Interstate at dusk needed help or was in peril… observations provided [Read more…]
Justice recusal, motion deemed denied
JUSTICE RECUSAL: Motion for recusal of CJ filed day after denial of rehearing deemed denied… CJ did not participate in rehearing decision… order. [Read more…]
DUI, vehicle stopped in road, claimed texting
DUI: Particularized suspicion to stop vehicle stopped in road, making u-turn, notwithstanding claim that behavior due to texting… Larson affirmed (IOR I-3(d)(v)). [Read more…]