TATUTORY RAPE: Conviction affirmed over challenge to exclusion of defense evidence as irrelevant and to improperly admitted but harmless hearsay… Spaulding affirmed. [Read more…]
Insurance, Policy Simplification Act certified answer
INSURANCE: Despite failure to follow Policy Simplification Act table of contents/notice provisions an insurer may rely on unambiguous exclusions when invalidating would increase the risk assumed… 9th Circuit certified question answered… Molloy reversed. [Read more…]
Incest, false child reports expert
INCEST: Defendant improperly precluded from calling expert to testify regarding general information of false reports in child sex abuse cases… conviction reversed, remanded for new trial… Berger reversed. [Read more…]
Deliberate homicide, justifiable force comments
DELIBERATE HOMICIDE: Prosecutor’s closing comments on justifiable force not prejudicial to fair trial warranting plain error review. . . . Olson affirmed. [Read more…]
SIWC/sexual assault of child
SIWC/SEXUAL ASSAULT of child conviction affirmed over challenges as to unanimity instruction, ineffective assistance, vouching by Prosecutor, nudity/ Internet sentencing conditions… Hayworth, Murnion affirmed (IOR I-3(c)). [Read more…]
Jury, CID employee, unlicensed outfitting
JURY: Panelist who was employed by CID which was involved in investigation of unlicensed outfitter should have been removed for cause… conviction of 38 counts of outfitting without a license reversed, remanded for new trial… Jensen/Neill reversed. [Read more…]
Sexual assault, uncharged prior, sentencing
SEXUAL ASSAULT: Uncharged sexual assault properly admitted to show timeline of report of charged assault… evidence suggesting physical abuse by husband of one alleged victim years after alleged sexual assault properly excluded… written/oral sentencing inconsistencies remanded for correction… Boucher affirmed, reversed. [Read more…]
Rape, post-trial victim statements
RAPE: Untimely motion for new trial based on woman’s impost-trial statements that she remembered urinating on herself and could not feel below waist contradicting trial testimony that fluid was vaginal should have been granted because of reasonable probability of different outcome of trial of alleged digital massage rape, not left to postconviction consideration… Dayton reversed. [Read more…]
Rape, knowledge of non-consent
RAPE: Instruction that Defendant must know that woman did not consent properly rejected… Simonton affirmed (IOR I-3(d)). [Read more…]
Postconviction, homicide counsel’s unpreparedness
POSTCONVICTION claims of ineffective assistance by unpreparedness in examination of murder witness properly rejected without hearing as having been decided on direct appeal… affidavits do not change prior holding of no prejudice… Jones affirmed (IOR I-3(d)). [Read more…]