STALKING: Felony stalking conviction affirmed where victim saw defendant in person and later saw him on video depicting his then unknown presence at another location… Rienne McElyea affirmed (memorandum). [Read more…]
DUI, rollover, toxicologist testimony via Skype
DUI: Rollover investigation properly ripened into DUI investigation and detention in back of patrol car did not amount to formal arrest requiring Miranda but Crime Lab toxicologist improperly allowed to testify via Skype contrary to Mercier… conviction reversed, remanded for new trial… Swingley/McMahon reversed. [Read more…]
PFMA, injury to girlfriend, moving expenses restitution
PFMA: Sufficient evidence to convict Defendant of injuring live-in girlfriend… restitution properly imposed for girlfriend’s expenses to move out… Herrington/H. Brown affirmed (memorandum). [Read more…]
Sentencing, gang rape, “two or more persons convicted”
SENTENCING: By stipulation, gang rape Defendant to be resentenced without the “two or more persons convicted” enhancement, Defendant arguing enhancement not applicable because adjudication of juvenile co-defendant did not constitute “convicted”… order. [Read more…]
Endangerment, near miss of deputy on mountain road
ENDANGERMENT: Sufficient evidence to convict DUI driver who caused near miss with deputy on mountain road of criminal endangerment… Ulbricht affirmed (IOR I-3(c)). [Read more…]
DUI, parked vehicle, no key, “actual physical control”
DUI: Sufficient circumstantial evidence of DUI over claim that intoxicated Defendant in parked vehicle had not been driving and a co-worker had driven and left with the key and challenge to “actual physical control” instruction… H. Brown affirmed (IOR I-3(c)). [Read more…]
Incest, failure to remove biased panelist
INCEST: Plain error review declined in challenge of failure by since-deceased attorney and Judge to remove panelist who acknowledged that his nephew’s sexual assault conviction would make it hard to be impartial… Berger affirmed (IOR I-3(c)). [Read more…]
Incest, prosecutorial vouching, sentencing “innocence”
INCEST: Claims of prosecutorial misconduct in vouching for accusers, burden shifting, appeal to emotion, improper consideration of claimed innocence in sentencing rejected… conviction affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
Traffic stop, speeding extended to drugs
TRAFFIC STOP: Speeding stop properly extended to drug investigation… mandatory $97,125 fine with all but $5,000 suspended based on 35% of marijuana value improperly imposed… Hayworth affirmed, reversed (IOR I-3(c)). [Read more…]
Jury, child sexual assault, Border Patrol agent juror
JURY: Child sexual assault Defendant’s counsel not ineffective for not examining Border Patrol agent’s earlier statement of potential bias against criminal defendants or at least peremptorily striking him… Olson affirmed (IOR I-3(c)). [Read more…]