ATTEMPTED DELIBERATE HOMICIDE: Demeaning comments, cycles of violence insufficient foundation for BWS/PTSD testimony… reliability of fireman’s testimony that husband said “this is the 3rd time she has tried to kill me” not considered first time on appeal… conviction affirmed… Seeley affirmed. [Read more…]
Double jeopardy, US firearms, State non-firearms
DOUBLE JEOPARDY not violated by State prosecution of non-firearm thefts after federal conviction of firearm thefts from same store… Seeley affirmed. [Read more…]
Sexual assault, prior recorded interview
SEXUAL ASSAULT: Evidence of girl’s prior statement via recorded interview properly admitted, not violative of confrontation, hearsay… untimely motion for new trial and hearing on competency of trial attorney properly denied… ineffective assistance claims more amenable to [Read more…]
Youth, deadlocked jury instruction, charging error
YOUTH: Instructing deadlocked jury on purposes of YCA prejudicial error, requires reversal of animal cruelty… erroneous statutory citation in charging documents does not [Read more…]
DUI, vehicle drift onto centerline
DUI: Particularized suspicion to stop vehicle that repeatedly drifted onto centerline at 1 a.m. Saturday… Sherlock affirmed. [Read more…]
Rape, voluntary intoxication
RAPE: Jury presented with evidence of intoxication, not precluded from considering it, merits of Art. II §§ 3 & 24 challenge not reached… challenge to admission of recording [Read more…]
Fitness, excess Warm Springs evaluation
FITNESS: 99 days at Warm Springs for evaluation not violative of due process where lawyer initially supported 90 days and Defendant uncooperative with examiners… State’s claim of [Read more…]
Game, unlawful possession, trespass, search warrant
GAME: Charge of unlawful possession of game animals properly not dismissed… seasonal rules exempted from MAPA publication… officers’ entry onto property to post notice of [Read more…]