INCEST: Recordings of pretext calls between daughter and father violated Allen, but harmless error… explicit photos admissible under 401 & 402, not excluded by 404(b) or 403, not necessary to analyze under transaction rule… conviction affirmed… Newman affirmed (other grounds). [Read more…]
DUI, automatism defense, “date rape” drug
DUI: Defendant claiming impairment by “date rape” drug may put on automatism defense if able to make out prima facie case… Larson reversed. [Read more…]
DUI, rights to appeal, speedy trial,
DUI: Rights to appeal, speedy & public trial, object to illegal evidence referenced in Knox is dicta, prior DUIs not infirm for failure to advise of those rights, properly used to enhance 4th DUI… Boucher affirmed. [Read more…]
Double jeopardy/sentencing, sexual assaults
DOUBLE JEOPARDY/SENTENCING: Sentence illegally imposed on sexual assault charge as to one girl that was dismissed for double jeopardy of federal exploitation prosecution… charge involving other girl not [Read more…]
Assault, “cutter” victim, justifiable force
ASSAULT: Evidence that victim was “cutter” properly excluded character evidence, not relevant to justifiable force defense that altercation was caused by Defendant walking in on her cutting herself and she came at him with a knife, Defendant not precluded from [Read more…]
Drugs, medical marijuana from non-caregiver
DRUGS: Medical marijuana cardholder may only obtain marijuana from caregiver, Defendant properly convicted of possession of less than ounce not obtained from caregiver… Swandal affirmed. [Read more…]
Mental commitment, oral v. written pronouncement
MENTAL COMMITMENT: No requirement that oral pronouncement controls over conflicting written [Read more…]
Severance, burglary/drug counts, victimize women
SEVERANCE: Burglaries/drugs properly tried together as scheme to victimize women… McLean affirmed. [Read more…]
Sentencing, parole conditions v. recommendations
SENTENCING: Parole conditions should be recommended, not mandatory… statutorily mandated DNA testing, supervision [Read more…]
DUI/speeding, appointed counsel, Cheetos muncher
DUI/SPEEDING: No abuse in not appointing counsel 9 days before trial when Defendant had fired initial appointed counsel and [Read more…]
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