INEFFECTIVE ASSISTANCE: No reasonable probability that DUI conviction would have been different had counsel found a way to impeach witness that counsel had previously interviewed… 4th DUI affirmed… Reynolds affirmed (IOR I-3(d)). [Read more…]
Mental commitment, “3 minutes” testimony
MENTAL COMMITMENT: Plain error review of “no more than 3 minutes” to testify not warranted as testimony not actually limited… McCarter affirmed. [Read more…]
DUI, affirmative evidence of prior invalidity
DUI: No affirmative evidence of invalidity of prior DUIs… 4th-DUI conviction affirmed… McCarter affirmed. [Read more…]
Mental commitment, dementia
MENTAL COMMITMENT properly ordered for man with dementia… Seeley affirmed. [Read more…]
DUI, motorist’s continuing reports to dispatch
DUI: Particularized suspicion based on motorist’s continuing reports to dispatcher… Sherlock affirmed.
Tyler Tobel and Shari Kelly were traveling west on Hwy 12 near the Silos Bar at 9 p.m. when a pickup pulled in front of them. They saw it repeatedly [Read more…]
Justifiable force, victim’s violence propensity
JUSTIFIABLE FORCE/INEFFECTIVE ASSISTANCE: Murder victim’s propensity for violence not essential element of justifiable force, counsel not ineffective for not presenting such propensity… Honzel affirmed. [Read more…]