ATTEMPTED DELIBERATE HOMICIDE: Conviction affirmed following retrial at which Defendant’s comments about child sex abuse by Defendant were allowed as Rule 404(b) evidence in a diminished fashion from 1st trial… Seeley affirmed. [Read more…]
Incest/SIWC, micromanaging counsel, barrage of letters
INCEST/SIWC: Convictions affirmed over complaints about counsel and insistence on speedy trial by Defendant who micromanaged his attorney and wrote barrage of letters to the Court… Menahan affirmed (memorandum). [Read more…]
Assault on minor, expert, “non-accidental trauma”
ASSAULT ON MINOR: Expert testimony on “non-accidental trauma” properly allowed as to injuries suffered by 4-month-old… warrant to search phone was impermissible general warrant but evidence seized was harmless… counsel not ineffective for failing to object to internet searches for defense council and to Prosecutor’s closing statements… conviction affirmed… Seeley affirmed. [Read more…]
PFMA strangulation, prior domestic abuse/control
PFMA STRANGULATION: Conviction affirmed over challenge to admission of prior domestic abuse and control… conviction affirmed… Abbott affirmed. [Read more…]
Theft, 5 years suspended where max was 3 years
THEFT: 5-years suspended where the maximum was 3 years was an illegal sentence… Seeley reversed (memorandum). [Read more…]
Rape/sexual assault, jury access to drawings anatomical
RAPE/SEXUAL ASSAULT convictions relating to touching 6-year-olds affirmed over objection to unrestricted jury access to their drawings… Abbott affirmed. [Read more…]
DUI, officers’ opinions as to level of intoxication
DUI: Officers did not violate Defendant’s privacy responding to a report of a truck hitting a vehicle in the parking lot and the driver staggering into his apartment… officers’ opinions improperly elicited as to level of intoxication to rebut claim that he became intoxicated after arriving at his apartment, but the error was harmless in light of other evidence… conviction affirmed… Overland/Eddy affirmed. [Read more…]
Sentencing, alternatives to mandatory DUI fine
SENTENCING: Mandatory $600 fine lawfully imposed on DUI Defendant but Municipal Judge erred in not considering alternatives for paying it… Hileman/Ulbricht reversed. [Read more…]
Incest, stepdaughters, maintenance of innocence
INCEST and solicitation of incest with stepdaughters convictions affirmed… sentence affirmed over alleged augmentation for maintenance of innocence… Harris affirmed. [Read more…]
Incest, witness coaching from gallery
INCEST convictions affirmed over challenge to alleged witness coaching by spectator and preclusion of therapist’s notes containing no allegations by accuser… Moses affirmed (IOR I-3(c)). [Read more…]