DRUGS: No probable cause for persistent Deputy to search defiant driver’s purse after expired registration stop… meth should have been suppressed… Lint reversed. [Read more…]
Aggravated rape, girlfriend’s “recanting ” of no consent
AGGRAVATED RAPE: Girlfriend’s postconviction “recantation” as to whether she consented to sex properly rejected as newly discovered evidence of innocence… “confusing jurisprudence” “clarified” in 71-page Opinion… Larson affirmed. [Read more…]
DUI, North Dakota felony enhancements
DUI: North Dakota statutes sufficiently similar to pre-21 Montana statutes to sustain felony enhancement… Recht affirmed. [Read more…]
Restitution, future medicals up to cap
RESTITUTION: Consideration of resources/future ability to pay not required since 2003… future medicals improperly stated as unspecified amount up to a $25,000 cap, speculative evidence insufficient to support that amount, remanded for reconsideration… Townsend affirmed, reversed (IOR I-3(d)). [Read more…]
Plea withdrawal, full v. part advisory
PLEA WITHDRAWAL: Full 46-12-211(4) advisory must be given at time Judge notifies Defendant that he is rejecting plea agreement, not part at plea change hearing and part at sentencing hearing (1st impression)… sentence vacated… Deschamps reversed. [Read more…]
Product liability, ATV, expert, hung jury, JML
PRODUCT LIABILITY: Opinion that improper assembly of steering components of crashed Honda ATV caused “difficult and unpredictable” steering stricken for failure to satisfy Rule 702 reliability/relevance, leaving insufficient evidence to [Read more…]
Sentencing, new sentence on remand
SENTENCING: New sentence on remand properly imposed rather than simply striking illegal (weapon enhancement) part [Read more…]