PFMA: Other acts of yelling and taking car properly admitted under transaction and continuing series rules… leading questions properly allowed of developmentally disabled victim… Townsend affirmed. [Read more…]
Speedy trial, 309 days in jail, drug test delay
SPEEDY TRIAL: Speedy trial violated by 309 oppressive days in jail because of drug test delay, remanded for dismissal of meth possession… Cybulski reversed. [Read more…]
Incest, child’s undisclosed tendency to lie
INCEST: New trial required for failure to disclose records showing evidence of psychosis by 5-year-old, tendency to lie, tumultuous living conditions, reduced meds, prior false accusation… even inadmissible evidence under Rape Shield should be disclosed… Neill reversed. [Read more…]
Procedure, pro se filing restrictions
FILING RESTRICTIONS placed on filings by pro se Defendant with history of petitions and appeals, summary denial of motions to vacate sex convictions affirmed… Haynes affirmed (opinion & order). [Read more…]
Postconviction, new evidence, sex assault
POSTCONVICTION petition claiming new evidence by sex assault/deviant sex MSP inmate properly dismissed with prejudice for failure to personally attend 3 depositions in CA Office over claim that State was seeking to lure him to where he could be arrested on failure-to-register warrant… Allison affirmed. [Read more…]
Restitution, duplicative of insurance
RESTITUTION: Thief properly ordered to pay restitution duplicative of amount paid by victim’s insurer… Christopher affirmed (IOR I-3(c)). [Read more…]
Plea agreement, placement recommendation
PLEA AGREEMENT as to drug placement not breached by reminding that Judge has ultimate choice of facilities… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Restitution, “car-hopping” youth, $888
RESTITUTION: General one-word objections inadequate to preserve for appeal arguments that victims failed to file affidavits or testify and Judge relied on replacement value and failed to consider ability to pay… $888 “car-hopping” restitution properly imposed on youth… Olson affirmed (IOR I-3(c)). [Read more…]
Plea withdrawal, §211(1)(c) v. (b)
PLEA WITHDRAWAL: Defendant knowingly entered plea under §211(1)(c) despite claim that he thought it was (b)… hearing into alleged attorney misconduct during private conversations before rejecting ineffective assistance claims not necessary since Defendant could not withdraw plea… Jones affirmed (IOR I-3(c)). [Read more…]
Death penalty, “ultra-fast-acting barbiturate”
DEATH PENALTY: State enjoined from using pentobarbital unless/until statute authorizing “ultra-fast-acting barbiturate” is modified… Sherlock. [Read more…]
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