ORDER OF PROTECTION: 4 successive calls from jail properly charged as 4 counts over argument that they were continuation of interrupted calls… Simonton affirmed. [Read more…]
Drugs, vehicle stop, erratic driving, costs/fees
DRUGS: Particularized suspicion to stop based on erratic driving… interpreter costs, administration fee improperly imposed… Simonton affirmed, reversed. [Read more…]
Plea withdrawal, “thinking about withdrawing”
PLEA WITHDRAWAL: PSI statement that Defendant was “thinking about withdrawing my plea” properly not construed as motion to withdraw… Judge not mind-reader… Simonton affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal
PLEA WITHDRAWAL: Defense recommendation not binding, Defendant has no right to withdraw plea to felony theft, confusion at plea change hearing not good cause as Defendant [Read more…]
Forfeiture, meth vehicle, Excessive Fines Clause
FORFEITURE: Federal Excessive Fines Clause not applicable to state forfeiture, but Court would have difficulty overturning forfeiture of meth vehicle under State restitution law… Simonton affirmed. [Read more…]