DRUGS: Sufficient particularized suspicion for warrantless dog sniff of car stopped for lights/plates violations… Cybulski affirmed. [Read more…]
Nolo plea validity
PLEA VALIDITY: Challenge of validity (as opposed to plea withdrawal) of nolo plea to negligent homicide of grandson from oxycodone rejected… Pinski affirmed (IOR I-3(c)). [Read more…]
Accomplice liability, assault on minor
ACCOMPLICE LIABILITY instruction properly refused as to testimony by girlfriend’s uncle & aunt in case against boyfriend for injuries to girlfriend’s child… Pinski affirmed. [Read more…]
Plea agreement, ambiguous, nolo withdrawal
PLEA AGREEMENT: Ambiguity to be construed in favor of Defendant… agreement could be interpreted as either §211(1)(b) or (c), ambiguity construed in favor of (b) allowing withdrawal of nolo arson plea upon rejection of agreement by Judge… Allison reversed. [Read more…]
Rape, interview expert, child leading questions
RAPE: Expert on leading questions of children improperly excluded based on lack of specific training in NICHD protocol… Rape Shield Law improperly mechanistically applied to exclude proffered evidence that child was abused by her father as opposed to Defendant… convictions reversed, remanded for retrial… Haynes reversed. [Read more…]
PFMA, heterosexual v. homosexual discrimination
PFMA: Counsel not ineffective for not asserting claim that PFMA violates equal protection by subjecting heterosexuals to more severe penalties than homosexuals… Larson affirmed (IOR I-3(c)). [Read more…]
SIWC, evidence sufficiency, child inconsistencies
SIWC: Sufficient evidence to convict despite child’s inconsistencies/fantastical statements… Pinski affirmed. [Read more…]
Attempted deliberate homicide, lesser-included
ATTEMPTED DELIBERATE HOMICIDE: Lesser-included assault instruction properly rejected as to throwing pipe bombs into paths of pursuing officers… conviction of 7 counts of attempted deliberate homicide and 7 life sentences affirmed…. Sandefur affirmed. [Read more…]
Attempted deliberate homicide, disputed stabber
ATTEMPTED DELIBERATE HOMICIDE: Mid-trial disclosure of video of interview of jail inmate claiming key witness admitted being the stabber not prejudicial to Defendant in violation of Brady… failure to offer accomplice instruction not ineffective… Newman affirmed. [Read more…]
Death penalty, “ultra-fast-acting barbiturate”
DEATH PENALTY: State enjoined from using pentobarbital unless/until statute authorizing “ultra-fast-acting barbiturate” is modified… Sherlock. [Read more…]
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