Mark Fowler – Page 3

Postconviction, counsel’s delays/lack of candor

February 27, 2021 By lilly

POSTCONVICTION: Appointed counsel’s delays and lack of candor improper basis for dismissing blameless Defendant’s petition… Rienne McElyea reversed (IOR I-3(c)). [Read more…]

Sentencing, counsel’s erroneous statutory representations

February 20, 2021 By lilly

SENTENCING: Defense counsel’s erroneous representation that Judge could not continue deferred sentence with additional treatment conditions constituted ineffective assistance requiring remand for resentencing… McMahon reversed (IOR I-3(c)). [Read more…]

Child porn, multiple convictions/images, 1 computer

January 9, 2021 By lilly

CHILD PORNOGRAPHY: Multiple convictions permissible for possession of multiple images discovered on the same computer on same day… 3 counts are not included within offense charged in Count 1, 4 separate convictions affirmed… Newman affirmed. [Read more…]

Postconviction, crime staged to implicate deputy

January 2, 2021 By lilly

POSTCONVICTION claims of Defendant who was convicted of staging a crime scene to implicate a deputy properly rejected without hearing… Wald affirmed (IOR I-3(c)). [Read more…]

Ineffective assistance, “seemingly substantial,” rape

December 19, 2020 By lilly

INEFFECTIVE ASSISTANCE concerns adequately addressed in protracted status conference discussion, nothing “seemingly substantial” that would require a formal inquiry… continuance of trial properly denied… rape conviction affirmed… H. Brown affirmed. [Read more…]

Prosecutor vouching, testimony/arguments on elements

December 12, 2020 By lilly

PROSECUTOR VOUCHING: Assault/disorderly conduct convictions reversed on concession of error on claims of improper vouching and testimony/argument on elements of intimidation, assault, disorderly conduct, remanded for retrial… Gilbert reversed (order). [Read more…]

Sexual assault, technology devices probation conditions

October 31, 2020 By lilly

SEXUAL ASSAULT OF CHILD: Probation conditions for Defendant who sexually assaulted 13-year-old overbroad in completely restricting access to internet, computer, and smart phone although monitoring of usage is appropriate, remanded for amendment… public defender fee improperly imposed without sufficient inquiry into ability to pay… Lint reversed. [Read more…]