DISCOVERY ABUSE: Financial sanction in form of County Attorney’s Office reimbursing OPD properly ordered rather than new trial for State’s refusal to timely disclose video of girlfriend recanting statement that Defendant did not hit her with van… Haynes affirmed. [Read more…]
CCJI, murder victim request, 8 years investigation
CCJI: Murder victim’s PR properly denied release of 8-year investigative file without in camera review to balance right to know against privacy because it would jeopardize investigation, although such review not prohibited by statute… McMahon affirmed (other grounds). [Read more…]
Deliberate homicide, MSP v. DPHHS, Fetal Alcohol
DELIBERATE HOMICIDE: Defendant properly sentenced to MSP rather than DPHHS for beating death of 2-year-old over claim of inability to conform to law due to Fetal Alcohol Spectrum Disorder. . . Menahan affirmed. [Read more…]
Rape of step-daughter, digital penetration
RAPE: Defendant opened door to testimony about assault on brother to explain why 16-year-old step-daughter and mother did not leave home after girl disclosed Defendant’s digital penetration. . . not established that jurors watched interview video that was sent into jury room or gave undue consideration to contents in which girl described penetration on 3 nights while testifying at trial to only 1 night. . . conviction (as to that 1 night) affirmed. . . Seeley affirmed. [Read more…]
Double jeopardy, state/federal, firearms
DOUBLE JEOPARDY: Interim appeal allowed in this case but future double jeopardy challenges available only by supervisory control petition… State prosecution of credit card, burglary, theft not violative of double jeopardy vis-à-vis Federal firearms convictions stemming from same crime spree… Seeley affirmed. [Read more…]
Plea withdrawal, subsequent psychological status
PLEA WITHDRAWAL: Findings supporting acceptance of guilty plea determinative of plea withdrawal motion, not subsequent psychological status… withdrawal properly denied… Sherlock affirmed (IOR I-3(c)). [Read more…]
Rape/sex assault, prior child accusations
RAPE/SEXUAL ASSAULT: Mazurek hearing on prior child accusations properly closed… Defendant properly precluded from questioning accuser about prior allegations… Sherlock affirmed. [Read more…]
Public defender cost, $36,920, double homicides
PUBLIC DEFENDER COST of $36,920 properly imposed on double homicide Defendant… Seeley affirmed. [Read more…]
Continuance, traveling burns expert, child scalding
CONTINUANCE: (day and half to accommodate traveling burn expert to support claim of accidental scalding of child in tub improperly denied… aggravated assault reversed, remanded for retrial… Sherlock reversed. [Read more…]
Restitution, extradition costs, Idaho apprehension
RESTITUTION improperly imposed for extradition costs when Montana escapee was “apprehended” by Idaho officers… Sherlock reversed. [Read more…]