JUDGE SUBSTITUTION: Supervisory control of McMahon granted reversing refusal to accept Defendant’s motion to substitute which referenced “Michael Menahan” rather than “Michael McMahon” due to scrivener’s error… order. [Read more…]
Deliberate homicide, failure to call “alibi witnesses”
DELIBERATE HOMICIDE: Defendant not prejudiced by attorney’s failure to call purported alibi witnesses, ineffective assistance claim properly denied without a hearing… Allison affirmed. [Read more…]
Arson accountability, no “mere presence” instruction
ARSON ACCOUNTABILITY: Failure to offer a “mere presence” instruction not amenable to review on direct appeal where defense theory was only that Defendant withdrew from plan to burn cafe… Abbott affirmed (memorandum). [Read more…]
Incest, forcible conduct with minor daughter
INCEST: Victim’s allegations of sexual abuse by relatives (in addition to father) properly excluded under Rape Shield… elicitation of expert testimony as to false reporting statistics not directly reviewable under ineffective assistance claim or as plain error by Judge’s failure to stop questioning… conviction of forcible sexual conduct with minor daughter affirmed… Larson affirmed. [Read more…]
Attempted delib homicide, child sex abuse comments
ATTEMPTED DELIBERATE HOMICIDE: State improperly allowed to reference and elicit testimony regarding Defendant’s shocking child sex abuse comments in an explicit/repetitive manner that went beyond mere need to show motive to kill and was unfairly prejudicial… conviction reversed, remanded for new trial… McMahon reversed. [Read more…]
Ineffective assistance, Oxycodone prescriptions
INEFFECTIVE ASSISTANCE claims relating to conviction for possessing Oxycodone purportedly obtained via valid prescriptions but taken in non-prescribed manner (crushed, heated, injected rather than by mouth) properly rejected… Reynolds affirmed (memorandum). [Read more…]
Prosecutor vouching, testimony/arguments on elements
PROSECUTOR VOUCHING: Assault/disorderly conduct convictions reversed on concession of error on claims of improper vouching and testimony/argument on elements of intimidation, assault, disorderly conduct, remanded for retrial… Gilbert reversed (order). [Read more…]
Theft, computer’s felony valuation
THEFT: Insufficient evidence that computer’s market value exceeded $1,500… felony conviction reversed, remanded for entry of misdemeanor judgment… Cuffe reversed (IOR I-3(c)). [Read more…]
Postconviction, bad PFO advice, “amended” petition
POSTCONVICTION: Assault with weapon Defendant’s ineffective assistance claim against trial counsel for giving bad PFO advice negated by rejection of State’s re-offer of original plea deal… claim against prior appellate counsel in “amended” petition violated scope of remand and constituted improper “second or subsequent” petition but nonetheless properly rejected on the merits… Deschamps affirmed (IOR I-3(c)). [Read more…]
Rape/burglary/sexual assault, panelist “leaning” to guilt
RAPE/BURGLARY/SEXUAL ASSAULT: Panelist with troubling pattern of comments about “leaning” toward guilt should have been disqualified for cause despite ultimate assurances of impartiality… convictions reversed, remanded… Dayton reversed. [Read more…]