CROSS-EXAMINATION of wife as to alcohol in relation to PFMA charge properly limited under “wide latitude”… McLean affirmed (IOR I-3(d)). [Read more…]
Confrontation, order of protection, assault
CONFRONTATION: Wife’s testimony at order of protection hearing hearsay, pro se husband had opportunity to cross-examine but did not have same motive as in assault with weapon case, reading transcript to jury not harmless, conviction reversed… Langton reversed. [Read more…]
Speedy trial, 6-month misdemeanor time
SPEEDY TRIAL: Defendant waived 6-month misdemeanor speedy trial violation claim by counsel requesting postponement, no need to address rationale for refusing to dismiss DUI transferred from City Court to District Court as felony… Deschamps affirmed (other grounds). [Read more…]
Youth, robbery sentencing
YOUTH: Pronouncement failed to specify that robbery sentence would be for less than 40 years… adult sentence should not exceed 5-year DOC commitment recommended by State at disposition which Judge apparently intended to adopt… McLean reversed (IOR I-3(d)). [Read more…]
Seizure, “suspicious activity,” parked car
SEIZURE: No objective data to support belief of “suspicious activity” that would warrant ID requests of occupants of vehicle in park parking lot, passenger’s meth should have been suppressed (youthful appearance of driver who turned out to [Read more…]
Attempted sex abuse of children, restrictions
ATTEMPTED SEX ABUSE OF CHILDREN: Conditions restricting contact with minors properly imposed on Defendant with minor children… Bidegaray affirmed (IOR I-3(d)). [Read more…]
Restitution, salvage yard thefts
RESTITUTION properly awarded for items stolen from salvage yard and damage to driveway, improperly awarded for boats not included in charges, insufficient evidence of truck value… McKinnon affirmed, reversed. [Read more…]
Sexual assault, out-of-presence child testimony
SEXUAL ASSAULT: Child properly allowed to testify out of presence of Defendant… forensic interviewer properly allowed to testify about child’s statements that were inconsistent with trial testimony… conviction affirmed… Sherlock affirmed. [Read more…]
Prosecutorial misconduct, closing arguments
PROSECUTORIAL MISCONDUCT: Comment that drug Defendant did not “accept her consequences” improper but prejudice diminished by admonishment and instructions… plain error review denied as to “common sense” burden of proof statements… McKeon affirmed (IOR I-3(d)). [Read more…]
Speedy trial, Justice Court jury waiver
SPEEDY TRIAL: Waiver of jury trial by unexcused failure to appear at pretrial conference, notice of consequences, prompt rescheduling of trial constituted good cause to hold bench trial 8 days beyond 6-month misdemeanor time… Allison affirmed. [Read more…]