REVOCATION under 2011 amendment not violative of ex post facto… H. Brown affirmed. [Read more…]
Sentencing, increase during re-sentencing
SENTENCING: Challenge to increased burglary sentence during re-sentencing waived by failure to object… Bidegaray affirmed (IOR I-3(d)). [Read more…]
Incest, chambers exclusion, “grooming” expert
INCEST: Defendant’s exclusion from in-chambers voir dire structural error, conviction reversed, remanded for retrial… child abuse expert qualified, properly allowed to provide general information about “grooming”… prior sexual activity with stepdaughters properly [Read more…]
Procedure, response to motion to dismiss
PROCEDURE: State’s response to motion to dismiss timely filed pursuant to omnibus schedule, improperly rejected under UDCR… vehicular homicide dismissal by Phillips (later rescinded) reversed. [Read more…]