ASSAULT WITH WEAPON/DUI: Ineffective assistance claim rejected… vehicular assault Defendant’s father properly allowed to read from transcript of jail conversation between Defendant and father… McLean affirmed (IOR I-3(d)). [Read more…]
Theft, pawned welder, knowledge of theft
THEFT: State not required to prove that pawner knew welder was stolen pursuant to §45-6-301(1)… H. Brown affirmed. [Read more…]
Drugs, probation evidence
DRUGS: Evidence of Defendant’s probation intervention hearing/sanctions improperly admitted without Just notice… possession conviction reversed, remanded for new trial… Fagg reversed. [Read more…]
Traffic stop/search/seizure, speeding/drugs
TRAFFIC STOP/SEARCH & SEIZURE: Inferences of wrongdoing justified drug questioning following speeding ticket… no prejudice from search of vehicle which yielded nothing, Defendant waived right to object to search of vehicle registered in wife’s name… Defendant properly [Read more…]
DUI, private road, open to public
DUI: Road in private subdivision correctly found as matter of law to be “way of this state open to the public”… Larson affirmed (IOR I-3(d)(v)). [Read more…]
Restitution, falsified customer return receipts
RESTITUTION: Calculation of falsified customer return receipts reasonable… insurer subrogation challenge not preserved for appeal… Irigoin affirmed. [Read more…]
DUI, odd angle parking in bar lot, erratic driving
DUI: Sufficient particularized suspicion by odd angle of parking in bar lot, erratic driving… City officer had authority to stop outside city limits, sufficient probable cause for arrest… notice to appear & complaint in Municipal Court properly elected by officer over charge in District Court, [Read more…]
DUI/youth, expungement, Youth Court record
DUI/YOUTH: Youth’s DUI expungement unlawful, no judicial estoppel by Prosecutor’s recommendation that prior Youth Court record be expunged… Larson reversed, Deschamps affirmed. [Read more…]
Sexual assault/ineffective assistance/postconviction
SEXUAL ASSAULT/INEFFECTIVE ASSISTANCE/POSTCONVICTION: Insufficient evidence of recantation by child… no error in not objecting to questions that did not warrant objection… no prejudice in not being present at chambers discussions of jury inquiries… claim of ineffective assistance by direct appeal counsel waived by failure to raise in [Read more…]
Rape/search & seizure, consent, laptop/garage
RAPE/SEXUAL ASSAULT/SEARCH & SEIZURE: Girlfriend properly consented to search of Defendant’s items in garage of house he shared which was rented only in her name… child pornography including images of sex with girlfriend’s daughter found on computer by federal warrant [Read more…]