SENTENCING: No-contact conditions properly imposed on PFMA Defendant. . . Todd affirmed. [Read more…]
Postconviction, homicide counsel’s unpreparedness
POSTCONVICTION claims of ineffective assistance by unpreparedness in examination of murder witness properly rejected without hearing as having been decided on direct appeal… affidavits do not change prior holding of no prejudice… Jones affirmed (IOR I-3(d)). [Read more…]
Rape, juror bias, other acts, speedy trial
RAPE/SEXUAL ASSAULT/TAMPERING: Failure to object to continued participation of juror who knew Prosecutor resulted in waiver of issue on appeal, lawyer not ineffective in handling juror issue… other acts properly admitted, limiting instruction timing [Read more…]
Rape/sexual assault, rape shield, other DNA
RAPE/SEXUAL ASSAULT: Evidence that stain on girl’s shirt was from a male other than Defendant properly excluded under rape shield… sufficient indirect evidence that offenses were committed in county alleged… Day affirmed. [Read more…]
Attorney conflict/ineffective assistance, OPD
ATTORNEY CONFLICT: No active conflict between OPD standby counsel and former client in “tangentially” related case… State concedes that revision of aggravated burglary instruction during deliberations from “and” to “or” should be reversed… rape affirmed, aggravated [Read more…]