RESTITUTION: Value of new laptop properly awarded for destruction of used… Peterson/McMahon affirmed (memorandum). [Read more…]
Assault on officer, attorneys’ pre-planned vacation
ASSAULT ON OFFICER: Continuance of retrial based on attorneys’ vacation plans properly denied… no abuse of discretion in requiring witness to appear shackled and in jail clothes based on security concerns… Defendant properly sentenced as PFO based on release from a sentence on revocation… conviction affirmed… Manley affirmed. [Read more…]
Sentencing, felony DUI surcharge, ability to pay
SENTENCING: Counsel sufficiently objected to $500 felony DUI surcharge by expressing that given Defendant’s bad leg he would have problems paying defender fee, not necessary to specifically object to each fee and cost… remanded to strike surcharge or conduct ability-to-pay inquiry… Halligan reversed. [Read more…]
Restitution, DUI MVA, victim “may have jumped light”
RESTITUTION: Claimed $77,842.60 lost wages and medicals properly imposed on DUI driver in MVA in which contributory negligence claim was supported only by witness statement in MHP report that victim “may have jumped the light”… Allison affirmed (memorandum). [Read more…]
Sentencing, $3,025 extradition restitution, military income
SENTENCING: $3,025 restitution for extradition costs properly imposed on DUI/criminal endangerment Defendant whose only income is $3,000/mo Army disability… surrender of medical marijuana card properly ordered as related to alcohol addiction… Allison and Cuffe affirmed. [Read more…]
Assault on officer, justifiable force not self-evident
ASSAULT ON OFFICER: Unlawful force by jailer in struggle not self-evident from State’s case such that Defendant’s justifiable force instructions should have been given… Seeley affirmed. [Read more…]
Trial restraints, MSP inmate, leg irons, guards present
TRIAL RESTRAINTS: MSP inmate charged with spitting on guards not deprived of fair trial by having to wear leg irons and presence of guards in courtroom… Dayton affirmed (memorandum). [Read more…]
Privacy in Communications Act, privately recorded call
PRIVACY IN COMMUNICATIONS ACT not grounds for excluding order of protection Defendant’s phone call recorded by ex-boyfriend with no State involvement… request to overrule Long denied as no novel arguments offered… Kolar/Knisely affirmed (memorandum). [Read more…]
Rape, hearsay statements/video, deaf/DD 13-year-old
RAPE: Hearsay statements and video of deaf and developmentally delayed 13-year-old girl improperly admitted through counselors and investigator… not harmless error… conviction reversed, remanded for new trial… Pinski reversed. [Read more…]
Drugs, maneuvering handcuffed hands to drop drugs
DRUGS: Defense properly precluded from arguing that officer’s testimony about observing Defendant maneuvering handcuffed hands to drop drugs was inconsistent with not-admitted report… conviction affirmed… Vannatta affirmed (memorandum). [Read more…]
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