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…]
Incest, giving away “confidential strategy”
INCEST: Sufficient evidence to convict of incest with daughter even if counsel was deficient for giving away on eve of trial “confidential strategy” that child’s conduct was uncharacteristic of incest which caused the State to secure an expert on child sex abuse… Souza affirmed (IOR I-3(c)). [Read more…]
DUI, snowy road slideoff near damaged guardrail
DUI: Sufficient particularized suspicion for DUI investigation from seeing vehicle that had slid off snowy road near a damaged guardrail and a report that the driver found in a golf club clubhouse had been drinking… Hileman/Wilson affirmed (IOR I-3(c)). [Read more…]
Dynamite instruction, rape Defendant
DYNAMITE INSTRUCTION properly given deadlocked jury. . . Norquay-Allen reaffirmed. . . rape conviction following prior deadlocked mistrial affirmed. . . Fagg affirmed. [Read more…]