ESCAPE CONSPIRACY conviction affirmed over claim that God revealed plan so homicide lifer could receive spiritual atonement by fighting for ethic Russians in Ukraine… Dayton affirmed. [Read more…]
Assault with weapon, justifiable force instruction denied
ASSAULT WITH WEAPON: Justifiable force instruction in shoving match that escalated to stabbing improperly refused on basis that Defendant had not presented evidence of his state of mind, but the evidence nevertheless did not support the instruction… Harris affirmed (other grounds). [Read more…]
Assault on officer, caretaker entry into suicidal home
ASSAULT ON OFFICER: Warrantless entry into suicidal person’s home justified by community caretaker doctrine, suppression of evidence properly denied… conviction for pointing pistol or what appeared to be a pistol at officer affirmed… Krueger affirmed. [Read more…]
Drugs, presumption of deferred imposition overcome
DRUGS: Presumption of deferred imposition for first possession by obstreperous Defendant properly overcome but fees & costs not imposed in pronouncement improperly imposed in judgment… Cuffe affirmed, reversed (memorandum). [Read more…]