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…]
Rape, prosecutor comments, “incapable of consent,”
RAPE: Prosecutor’s opening & closing comments on credibility of accuser and accused, reference to sidestepping on direct, and invocation of God insufficient for plain error review, failure to object not ineffective assistance… “incapable of consent” theories not impermissibly changed from sleep to sleep or intoxication… conviction affirmed… J. Brown, affirmed. [Read more…]
Severance, burglary/drug counts, victimize women
SEVERANCE: Burglaries/drugs properly tried together as scheme to victimize women… McLean affirmed. [Read more…]
Youth, absconded burglar turned 21
YOUTH: Burglar who absconded from Youth Court supervision before petition to transfer to District Court was acted on should [Read more…]
Restitution, insurance investment fraud
RESTITUTION: Insurance investment fraud Defendant failed to preserve argument that restitution as to annuity transfers [Read more…]
PFMA/procedure, conviction reversal, State appeal
PFMA/PROCEDURE: State not barred by double jeopardy from appeal of District Court reversal of JP Court conviction… sufficient [Read more…]
DUI, standard for challenging prior DUIs
DUI: Standard for challenging prior DUIs modified to give defendant heavy burden to establish, with affirmative evidence, [Read more…]
DUI, arrest at home, Miranda
DUI: No plain error review of claims of lack of probable cause to arrest at home or untimely Miranda… no review of refusal to [Read more…]
Plea withdrawal, duress
PLEA WITHDRAWAL based on claimed duress properly denied… Prezeau affirmed (IOR I-3(d)). [Read more…]
DUI, center line straddle, rural road
DUI: Finding that driver straddled center of rural road with no center line provided probable cause for stop, motion to suppress [Read more…]