DUI: Circumstantial as well as direct evidence permissible to
establish infirmity of prior DUIs, but defendant must show [Read more…]
DUI, breath analyzer certification
DUI: BAC evidence incorrectly suppressed based on Gieser dicta which erroneously referred to weekly certification of breath [Read more…]
DUI, passed-out driver in university parking lot
DUI: Passed-out driver in university parking lot satisfied “way of this state open to the public,” conviction affirmed… Macek [Read more…]
Postconviction, timeliness, pro se petition facts
POSTCONVICTION: Petition timely filed when filed with Clerk, operative date not when in forma pauperis motion granted 2 days [Read more…]
DUI, community caretaker, isolated road
DUI: Community caretaker doctrine properly applied to stop of vehicle on isolated road in early morning… Phillips affirmed (IOR [Read more…]
DD, involuntary medication
DEVELOPMENTAL DISABILITIES: Clearly erroneous findings/correct conclusions proper review standard… [Read more…]
DUI, citizen reports to 911
DUI: Challenge to 911 transcripts not preserved by “tactical” general objection to “any evidence that exceeds what was [Read more…]
DUI, suspicion of burglary casing
DUI: Circumstances support particularized suspicion that Defendant was casing business for burglary… officer properly [Read more…]
DUI, separate implied consent breath tests
DUI: Separate implied consent breath tests not unreasonable search & seizure… McLean affirmed. [Read more…]
Mental commitment, homeless woman
MENTAL COMMITMENT of homeless woman, involuntary medication, affirmed… Watters affirmed (IOR I-3(d)(v)). [Read more…]