SENTENCING: Impossible Treatment Court condition must be stricken… Neill reversed (IOR I-3(d)). [Read more…]
DUI, Intoxilyzer/operators recertification
DUI: Intoxilyzer and operators properly recertified… Odlin reversed, McLean affirmed. [Read more…]
Discovery, 1976 homicide forensic reports
DISCOVERY of “all forensic reports” from 1976 homicide prosecution denied in latest effort to withdraw guilty pleas… nothing useful in sealed envelopes opened first time in 40 years… H. Brown affirmed (IOR I-3(d)). [Read more…]
$618,816 restitution, motorcycle accident victims
RESTITUTION: $618,816.41 properly awarded to motorcycle accident victims… Allison affirmed. [Read more…]
DUI, toxicologist testimony by 2-way video
DUI: Testimony by toxicologist by 2-way video without finding of necessity harmless error in light of other testimony.. Macek affirmed (IOR I-3(d)). [Read more…]
Postconviction, nolo theft plea withdrawal
POSTCONVICTION claims relating to withdrawal of nolo plea to theft and ineffective assistance properly denied… McKittrick/Pinski affirmed (IOR I-3(d)). [Read more…]
Postconviction, pro se counsel entitlement
POSTCONVICTION: Pro se incest Petitioner not entitled to counsel to assist with new arguments… trial/ appellate counsel not ineffective for not objecting to “gratifying” or “regularly resides”… 50-year sentence legal… Newman affirmed (IOR I-3(d)). [Read more…]
Plea agreement, victim/witness sentencing letters
PLEA AGREEMENT did not preclude victim/witness letters at sentencing… Ostby affirmed (unpublished). [Read more…]
Attempted deliberate homicide, blurted statements
ATTEMPTED DELIBERATE HOMICIDE: Spontaneous statements after being taken into custody and requesting attorney were not in response to interrogation, not subject to Miranda… one stabbing victim properly allowed to remain in courtroom while other victim testified… Swandal affirmed. [Read more…]
Restitution, replacement value of jewels
RESTITUTION: $22,250 value of jewels properly ordered… Townsend affirmed (IOR I-3(d)). [Read more…]
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