DRUGS: Cross of Crime Lab chemist as to involvement of predecessor who was discharged for stealing meth would have been proper under hearsay exception, but mere speculation about possible contamination under chain of custody law insufficient to require it… meth conviction affirmed… Kutzman affirmed. [Read more…]
Revocation, 2017 amendment, felony v. misdemeanor
REVOCATION: 2017 amendments to §46-18-203 pertain only to revocation of felony probation/parole, PFMA misdemeanant properly revoked for using intoxicants without exhausting MIIG procedures… Jenks/Deschamps affirmed. [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…]
Mental commitment, medical v. mental condition
MENTAL COMMITMENT: Issue of medical v. mental condition properly resolved by mental professional’s own diagnosis, not just reliance on other professionals… McMahon affirmed (IOR I-3(c)). [Read more…]
Attempted deliberate homicide/tampering, stabbing
ATTEMPTED DELIBERATE HOMICIDE/ TAMPERING: Stabbing and disposing of knife convictions affirmed… Kutzman affirmed. [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…]
Sentencing, “street time” in revocation proceeding
SENTENCING: No discretion under 2017 statute to deny credit for “street time” in revocation proceeding, time must be credited unless there is evidence in the record or recollection of the PO that the defendant committed a violation during the relevant period as correctly found here… Murnion affirmed. [Read more…]
Criminal trespass, landowner posting v. backyard
CRIMINAL TRESPASS: 1985/91 landowner posting legislation for raw land not intended to require residential posting, motion to dismiss by backyard trespasser properly denied… Seel/R. McElyea affirmed. [Read more…]
PFMA, probation status, police interview “in?” in jury room
PFMA: Claim of ineffective assistance for not objecting to Defendant’s probation status not appropriate for direct appeal… not established on appeal that police interview recordings (purported testimonial material) actually went into the jury room… Menahan affirmed. [Read more…]
Vehicle stop, color discrepancy
VEHICLE STOP: Color discrepancy between car and registration too thin to constitute particularized suspicion for stop (first impression)… marijuana evidence properly suppressed by Municipal Judge, suppression improperly reversed by District Judge… Kolar affirmed, Knisely reversed. [Read more…]