ATTEMPTED RAPE: Evidence of mens rea of Courthouse lawn sex with unconscious woman sufficient for conviction even without questionable video testimony by witnesses… Larson affirmed (memorandum). [Read more…]
Child incest, encouraging stepson to touch breasts
CHILD INCEST: Defense’s request to interview children properly denied… fair trial of stepmother accused of encouraging stepson to touch her breasts not violated by State’s failure to lodge forensic interviews of children from a different case involving Defendant’s husband… plain error review of failure to give specific unanimity instruction in light of conviction on 1 count and acquittal on 1 count declined… conviction affirmed… Olson affirmed. [Read more…]
Obstruction, refusal to exit vehicle, DUI acquittal
OBSTRUCTION: Refusal to exit vehicle stopped for turn violation so officer could determine possible impairment properly constituted obstruction (Defendant acquitted of DUI)… Lerman/Vannatta affirmed (memorandum). [Read more…]
Drugs, “welfare check” unlawfully prolonged
DRUGS/DUI: Lawful stop & detention for “welfare check” and DUI suspicion unlawfully prolonged with extensive interrogations to wrongful seizure of meth and pipes (.000 BAC on PBT)… convictions reversed… Rieger reversed. [Read more…]
Youth, negligent homicide, Pine Hills placement
YOUTH charged with negligent homicide improperly committed to DOC for placement at Pine Hills… Harris reversed. [Read more…]
Sentencing, felony DUI surcharge, ability to pay
SENTENCING: Counsel sufficiently objected to $500 felony DUI surcharge by expressing that given Defendant’s bad leg he would have problems paying defender fee, not necessary to specifically object to each fee and cost… remanded to strike surcharge or conduct ability-to-pay inquiry… Halligan reversed. [Read more…]
Confrontation, 2-way video remote testimony
CONFRONTATION: Video testimony from Washington payor in bad check case violated Defendant’s right to face-to-face confrontation but the error was harmless as the jury was fully & fairly instructed on the law and presented with admissible evidence that proved the same facts as the tainted evidence proved… conviction affirmed… Deschamps affirmed. [Read more…]
Sentencing, ability to pay fines, fees, surcharges
SENTENCING: Felony DUI sentence did not violate federal law protecting SS income… Judge acted within discretion in conditioning payment of prison, probation, treatment costs on a later determination by DOC of ability to pay and imposing the $5,000 mandatory fine, but failed to make the separate inquiry into ability to pay the $560 in fees & surcharges and Defendant sufficiently objected about his ability to afford them… Cuffe affirmed, reversed. [Read more…]
Ineffective assistance, attorney testimony in bail jumping
INEFFECTIVE ASSISTANCE: Attorney for PFMA/criminal mischief cases properly allowed to testify for the State in Defendant’s bail jumping case after Defendant waived attorney-client privilege, did not constitute ineffective assistance… attorney not ineffective for failing to move to continue PFMA/mischief trials as it would have been futile with Defendant in California… bail conviction affirmed… Harris affirmed. [Read more…]
Revocation, “firearms” not tested for operability
REVOCATION: Defendant found with revolver and sawed-off shotgun in vehicle properly found in violation of no-firearm condition despite the firearms not being tested for operability as definition of “firearm” “turns on what the weapon is designed to do, not on whether it is capable of doing its job at the particular moment”… Ulbricht affirmed (memorandum). [Read more…]