SEXUAL ASSAULT: Prior sexual conduct with 3 young family members was admissible to show motive and intent for alleged over-clothes vaginal touching of step-granddaughter, but its volume and detail including lack of consequences was unfairly prejudicial… conviction reversed, remanded for retrial… Recht reversed. [Read more…]
Speedy trial, 1,179 days, fitness to proceed
SPEEDY TRIAL violated by 1,179 days of back and forth between jail and MSH fitness evaluations, assault conviction reversed… Parker reversed. [Read more…]
Assault with weapon, hearsay objections, time-served
ASSAULT WITH WEAPON: Conviction affirmed under harmless error analysis of hearsay objections… credit for time served improperly reduced by incarceration on another matter… Parker affirmed, reversed. [Read more…]
Deliberate homicide, security footage in jury room
DELIBERATE HOMICIDE: Security footage capturing Defendant placing large heavy object in truck following ex-girlfriend’s disappearance properly allowed into jury deliberations… conviction of killing her affirmed… Fehr affirmed. [Read more…]
Sentencing, sex offender registration improperly imposed
SENTENCING: Sex offender registration and other conditions improperly imposed on sex assault Defendant… Dayton reversed (order). [Read more…]
Rape, false reporting statistics
RAPE: Counsel’s failure to object to expert testimony as to false reporting statistics was ineffective assistance, prejudicial in that objection might have resulted in acquittal… rape conviction reversed, remanded for new trial… other charges involving girlfriend affirmed… Reynolds reversed, affirmed. [Read more…]
Prosecutorial misconduct, prior felony/MSP history
PROSECUTORIAL MISCONDUCT: Prosecutor acted improperly relating to Defendant’s prior felony and MSP history but mistrial properly denied in light of ample evidence of assault on PO… conviction affirmed… Manley affirmed. [Read more…]
PFMA, “sharp practice” “set trap,” strangulation denial
PFMA: Prosecutor engaged in “sharp practice” to “set the trap” to bring in undisclosed former girlfriend who was sitting in courtroom as rebuttal to professional band member’s denial of ever strangling anyone… testimony was error but jury saw through State’s tactics and not grounds for reversal as it did not arouse the jury’s hostility such that there is a possibility that Defendant was convicted on anything other than the permissible evidence… conviction affirmed… Vannatta affirmed. [Read more…]
Mental commitment, waiver of presence at hearing
MENTAL COMMITMENT: Counsel’s waiver of presence at initial hearing due to dementia and hearing loss plain error, commitment reversed… Eddy reversed. [Read more…]
Rape, evidence of alleged victim’s long-term meth use
RAPE: Evidence of alleged victim’s long-term meth use properly limited… Souza affirmed (memorandum). [Read more…]