TRESPASS/MISCHIEF: Claim of right to enter property purchased in good faith from ex-wife and possessed by buyers not a defense in criminal case. . . Hummel/Allison affirmed (IOR I-3(c)). [Read more…]
Rape, 1987 child rape, 2014 DNA, ex post facto
RAPE: 2007 statute of limitations amendment is retrospective to 1987 child rape, but prosecution based on 2014 DNA match-up violative of ex post facto under Stogner. . . Knisely reversed on supervisory control. [Read more…]
Investigative stop, campus MIP police
INVESTIGATIVE STOP: Campus police had sufficient suspicion to prolong investigative stop of suspected underage drinker at football game after database checks returned no record of name and birth date, but subsequent custodial interrogation without Miranda advisory & waiver mandates suppression of age, birthdate, and that she gave false information. . . Jenks/Halligan affirmed, reversed. [Read more…]
Justice Court appeal by State after oral DUI dismissal
JUSTICE COURT APPEAL by State after oral dismissal of DUI and before written judgment not premature. . . J. Brown affirmed. [Read more…]
Habeas, juror bias, IAC, child sex victim inconsistencies
HABEAS claims of juror bias and ineffective assistance related to child sex victim’s inconsistencies properly rejected. . . Ostby affirmed (unpublished). [Read more…]
Parental termination, parents’ drug tests
PARENTAL TERMINATION: Parents’ drug tests improperly admitted through CASA, but harmless error as termination still warranted for failure to complete treatment plans. . . Olson affirmed. [Read more…]
Transcript misstatement, Prosecutor interjection
TRANSCRIPT misstatement ordered corrected (order). [Read more…]
Entrapment, child prostitution sting, jury issue
ENTRAPMENT: Dismissal of felony attempted prostitution (with minors) stemming from sting properly denied because of conflicting facts as to mens rea (but entrapment would have been tough sell to jury based on the facts, Defendant pled guilty in plea agreement). . . Kutzman affirmed. [Read more…]
Ineffective assistance, sexual abuse of children
INEFFECTIVE ASSISTANCE claims by sexual abuse of children Defendant who received better sentence than he bargained for properly rejected postconviction. . . Best affirmed (IOR I-3(c)). [Read more…]
Habeas, IAC claims, deliberate homicide
HABEAS petition properly denied as to IAC claims by deliberate homicide Defendant. . . Molloy affirmed (unpublished). [Read more…]
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