PLEA WITHDRAWAL based on claimed misunderstanding about obligation to complete sex offender evaluation as part of plea agreement reducing rape to endangerment properly denied… Cuffe affirmed (IOR I-3(c)). [Read more…]
Aggravated assault, speedy trial, exculpatory evidence
AGGRAVATED ASSAULT/SEXUAL ASSAULT/ASSAULT ON OFFICER/ESCAPE/DRUGS: Claims relating to speedy trial (542 days), ineffective assistance, exculpatory evidence properly rejected. . . Salvagni affirmed (IOR I-3(c)). [Read more…]
DUI, independent blood test
DUI: Highly intoxicated Defendant not denied independent blood test by Trooper taking her home 10 miles away from hospital when she could not arrange transportation. . . Gilbert affirmed. [Read more…]
Work comp theft, “were they lying?”, $70.680.34
WORK COMP THEFT: Ineffective assistance claims including failure to object to Prosecutor’s “were they lying?” rejected. . . wage garnishment properly admitted as probative of motive to stage “accident”. . . $70,680.34 restitution for faked claim properly imposed. . . Seeley affirmed. [Read more…]
Sentencing, 110 years de facto life, youth killer
SENTENCING: 1999 sentence of 110 years with no parole for 17-year-old killer not violative of 8th Amendment as de facto life sentence under recent USSC rulings in light of good time credit eligibility and concurrent effect of Washington murder sentence… habeas denied… Purcell affirmed. [Read more…]
Mental commitment, mandatory counsel
MENTAL COMMITMENT: Constitutionality of 119(1) mandatory counsel upheld… Christopher affirmed. [Read more…]
Postconviction, untimely IAC, equitable exception
POSTCONVICTION: Equitable exception to untimely IAC claim properly denied Canadian drug Defendant faced with deportation… Seeley affirmed (IOR I-3(c)). [Read more…]
Child rape, “mountain” of other acts, Shield Law
CHILD RAPE: “Mountain” of other acts properly admitted as probative of extensive grooming/abusing young girls… recantation admitted but false accusations of sexual assault by group of boys improperly excluded per Rape Shield but still inadmissible as hearsay… 15-count conviction affirmed… Langton affirmed. [Read more…]
Revocation, 2011 amendment, ex post facto
REVOCATION under 2011 amendment not violative of ex post facto… H. Brown affirmed. [Read more…]
Theft, value of plasma cutter
THEFT: Counsel failed to lay proper foundation that missing plasma cutter was worth less than $1,500 felony amount… Bidegaray affirmed as to evidentiary rulings, but felony conviction reversed due to ineffective assistance, remanded for new trial. [Read more…]