DRUGS: Sufficient implied findings to support general conclusions denying suppression of drugs seized following stop of car with headlight out and search based on consent of passenger in parents’ car… Dayton affirmed. [Read more…]
Child rape, “mountain” of other acts, Shield Law
CHILD RAPE: “Mountain” of other acts properly admitted as probative of extensive grooming/abusing young girls… recantation admitted but false accusations of sexual assault by group of boys improperly excluded per Rape Shield but still inadmissible as hearsay… 15-count conviction affirmed… Langton affirmed. [Read more…]
Theft/burglary, circumstantial evidence, IAC
THEFT/BURGLARY: Sufficient circumstantial evidence… Christopher affirmed (IOR I-3(c)). [Read more…]
PFMA, prior inconsistent statement
PFMA: Corroborating evidence of prior inconsistent statement must be reliable but need not be direct evidence of each element… bodily injury element supported by independent evidence besides wife’s recanted statement… Wood/Reynolds affirmed. [Read more…]
DUI, driver in snowbank behind tavern, caretaker
DUI: Officer had particularized suspicion of DUI by the time driver stuck in snowbank behind bar at night declined community caretaker help, subsequent pursuit/investigation lawful, suppression/dismissal properly denied… Townsend affirmed (IOR I-3(c)). [Read more…]
DUI, consent to blood test
DUI: Defendant gave express consent to blood test and never withdrew consent… failure to sign hospital’s consent form irrelevant… Langton affirmed. [Read more…]
Sentencing, parole eligibility on DOC commitment
SENTENCING: Illegal parole eligibility on DOC commitment stricken… public defender fee that was waived in oral pronouncement improperly included in judgment stricken… remainder of rape appeal dismissed by stipulation… Larson reversed… order. [Read more…]
Child pornography, attempted possession, searches
CHILD PORNOGRAPHY: Attempted possession supported by computer search terms… Haynes affirmed. [Read more…]
Right to be present, pre-trial conference
RIGHT TO BE PRESENT: Defendant not prejudiced by absence from emergency procedural conference… Oldenburg affirmed. [Read more…]
Restitution, stolen/wrecked car
RESTITUTION for wrecked car properly based on NADA rather than Kelley Blue Book… Olson affirmed. [Read more…]
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