SPEEDY TRIAL: 630 days of pretrial incarceration due in part to outsourcing analysis of digital devices requires reversal of conviction of SIWC of minor and dismissal of the charge… Kutzman reversed. [Read more…]
Tampering, destruction of phone
TAMPERING: Instruction on Criminal Destruction of a Communication Device as lesser-included of Tampering with Evidence properly denied… Parker affirmed. [Read more…]
Suspended sentence, Duluth Model conditions
SUSPENDED SENTENCE: PFMA Defendant whose plea agreement required completion of Duluth Model Batterer’s Intervention Course must comply with its conditions… Grubich affirmed (memorandum). [Read more…]
Burglary/assault accountability, “multiple conviction”
ACCOUNTABILITY: Sufficient evidence to convict of accountability for aggravated burglary but conviction of accountability for assault with weapon violated “multiple conviction” statute… Kutzman affirmed, reversed. [Read more…]
Youth, consent decree guilt admission
YOUTH: Youth Court erroneously concluded that the consent decree guilt admission required by §41-5-1501(2) constitutes or requires a change of answer under §1502(8), thus effecting a delinquency adjudication… Parker reversed. [Read more…]
Rape, hearsay statements/video, deaf/DD 13-year-old
RAPE: Hearsay statements and video of deaf and developmentally delayed 13-year-old girl improperly admitted through counselors and investigator… not harmless error… conviction reversed, remanded for new trial… Pinski reversed. [Read more…]
Incest, prosecutorial vouching, sentencing “innocence”
INCEST: Claims of prosecutorial misconduct in vouching for accusers, burden shifting, appeal to emotion, improper consideration of claimed innocence in sentencing rejected… conviction affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
SIWC, father’s anger at daughter’s bisexuality
SIWC: Evidence that was intensely angry because daughter disclosed she was bisexual properly excluded over Defendant’s argument that it would show motive to fabricate sexual abuse to deflect father’s wrath… letting daughter read her Facebook explanation to divided family written after the allegations improperly allowed as prior consistent statement but not prejudicial as to warrant reversal… conviction affirmed… Kutzman affirmed (IOR I-3(c)). [Read more…]
Incest/attempted incest/surreptitious recordation
INCEST/ATTEMPTED INCEST convictions as to granddaughter, daughter, son affirmed. . . under-desk videoing of adopted daughter properly allowed to go to jury (which acquitted as time-barred) to prove motive & identity as to incest . . Kutzman affirmed (IOR I-3(c)). [Read more…]
Parental termination/Indians, tribal determination
PARENTAL TERMINATION/INDIANS: Rights improperly terminated without conclusive tribal determination of child’s status as Indian child. . . Kutzman reversed. [Read more…]