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…]
Theft, search of vehicle for car thefts items
THEFT: Sufficient probable cause for warrant to search vehicle for items stolen in car thefts… R. McElyea affirmed (IOR (I-3(c)). [Read more…]
Drugs, prior DUIs, prosecutorial misconduct
DRUGS: Probative value of prior DUIs introduced to show that Defendant lied to trooper and lacked credibility substantially outweighed by risk of unfair prejudice… conviction reversed, remanded for new trial… no need for plain error review of vouching of co-Defendant/State’s witness… Hayworth reversed. [Read more…]
Trespass/mischief, pipeline climate change vandalism
TRESPASS/MISCHIEF: Common law defense of necessity properly rejected in pipeline climate change vandalism… employee expenses properly considered in addition to actual damage to establish felony and restitution amounts… Boucher affirmed. [Read more…]
Restitution, post-final judgment “clarification”
RESTITUTION: No jurisdiction to “clarify” final judgment to add $51,000 compound interest pursuant to DOC interpretation… Larson reversed (IOR I-3(c)). [Read more…]
Speeding stop expanded to DUI investigation
DRUGS/DUI: Speeding stop properly expanded to DUI investigation with dog sniff and search warrant which yielded paraphernalia and meth… motions to suppress and dismiss properly denied…. Laird affirmed (IOR I-3(c)). [Read more…]
Drug paraphernalia, syringe found in coat pocket
DRUG PARAPHERNALIA: Sufficient evidence that syringe in Defendant’s coat pocket was paraphernalia that Defendant intended to use to inject dangerous drugs… Bolstad/Kutzman affirmed (IOR I-3(c)). [Read more…]
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