ADOPTION: Attorney owed no duty to Plaintiffs as non-clients in adversarial interstate adoption… claims against DPHHS properly dismissed based on collateral estoppel as to Utah’s approval of adoption… Menahan affirmed. [Read more…]
Child porn found by private group home manager
CHILD PORNOGRAPHY: Suppression of pornography found by private group home manager on resident’s devices properly denied… Reynolds affirmed. [Read more…]
Child sex abuse, juror bias, “educational” testimony
CHILD SEX ABUSE: Claim of ineffective assistance for not sufficiently challenging panelist who subsequently served as foreman regarding bias more amenable for postconviction… sex abuse expert’s “educational” testimony does not warrant plain error review of claim that it undermined Defendant’s presumption of innocence… Judge’s answer to jury’s query as to what to do if jurors cannot come to unanimous decision on 3 counts without consulting the parties was not prejudicial or was harmless… convictions affirmed… Seeley affirmed. [Read more…]
Exculpatory evidence, alleged rape victim’s med records
EXCULPATORY EVIDENCE: Supervisory control of Menahan denied as to denial of rape Defendant’s motion for in camera review of alleged victim’s medical records… order. [Read more…]
Surreptitious recording of child in bathroom
SURREPTITIOUS RECORDING: Colloquy admission of surreptitiously photographing a 14-year-old girl in the bathroom sufficient factual basis to infer that Defendant was photographing someone engaged in “sexual conduct” including “defecation or urination for the purpose of the sexual stimulation of the viewer” and not merely conduct such as taking medication… postconviction petition properly denied without a hearing… Menahan affirmed (IOR I-3(c)). [Read more…]
Search & seizure, stop of suspect seen on surveillance
SEARCH & SEIZURE: Officers had particularized suspicion to stop suspect seen on surveillance buying gas with stolen credit card… contrary Federal Court finding in firearms case result of different questions, witnesses, evidence, attorneys… Seeley affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, first aggressor “musings”
ASSAULT WITH WEAPON: Prosecutor’s “musings” about first aggressor instruction was not misconduct in overall context of closing, nothing to which attorney needed to object… McMahon affirmed (IOR I-3(c)). [Read more…]
Judge disqualification, alleged rifle discharge death bias
JUDGE DISQUALIFICATION proceeding allowed as to alleged bias in rifle discharge death case on reconsideration of order denying it as untimely… order. [Read more…]
Judge disqualification, post-sentencing motion
JUDGE DISQUALIFICATION: Post-sentencing motion alleging improper remarks and disclosures in accidental rifle discharge death case with motion for new trial void as not timely raised… order. [Read more…]
Assault/kidnap, Black Defendant, White/Indian victim
AGGRAVATED ASSAULT/KIDNAP: Convictions of Black Defendant who met Caucasian/Indian on dating site affirmed over challenges to admission of prior conduct, racial slurs allegedly exploited by Prosecutor, extraction of Defendant’s cell phone contents… Menahan affirmed. [Read more…]