FELONY MURDER: Conviction based on assault with a weapon by co-Defendant affirmed over claim of no evidence of agreement or knowledge of co-Defendant’s intention in shooting and arson… Rieger affirmed. [Read more…]
Deliberate homicide, justifiable force
DELIBERATE HOMICIDE: Justifiable force instruction properly denied… Olson affirmed. [Read more…]
Judicial conduct, criticism of counsel’s strategy
JUDICIAL CONDUCT: Judge’s criticism of Defense Counsel’s strategy was improper but did not compromise trial integrity… conviction of truck driver of criminal endangerment for driving along interstate with large paper rolls in danger of falling out after crash affirmed… Deschamps affirmed (memorandum). [Read more…]
Threats in official matters, sex offender DUI stop
THREATS IN OFFICIAL MATTERS: Defendant’s status as misdemeanor sex offender properly admitted under Transaction Rule and Rule 403 in support of State’s argument that he was threatening Deputy regarding his wife and daughter in effort to deter blood draw or further DUI investigation… conviction affirmed but pretrial supervision costs improperly imposed without analyzing ability to pay… Vannatta affirmed, reversed. [Read more…]
Rape/sexual assault, child’s out-of-court statements
RAPE/SEXUAL ASSAULT: Day-of-trial amendment to Information to enlarge time of alleged offenses against child properly allowed as one of form and not substance… out-of-court statements by child in forensic interview and testified to by her counselor properly admitted due to difficulty parsing mixed inconsistent and consistent statements (but not under Judge’s hearsay exception concepts of “declarant testified earlier” or “link it up later”)… Haynes affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, joinder following mistrial
ASSAULT WITH WEAPON/PFMA: Cases properly joined based on feedback from mistrial of 1st case and despite State’s initial waiver. . . jail letters to fiancée properly admitted. . . mistrial properly denied after Deputy revealed fiancée’s fear based on prior violence. . . convictions affirmed. . . Langton affirmed. [Read more…]
DUI, crossing/touching lines, photogrammetry
DUI: Particularized suspicion for stopping vehicle based on crossing yellow line early Sunday, plus weaving and touching lane line 2nd time, over testimony of photogrammetry expert… Langton affirmed (IOR I-3(d)). [Read more…]