DUI: Instruction from prior opinion that “it does not matter that the vehicle is incapable of moving” rejected, totality of circumstances test for “actual physical control” of disabled [Read more…]
Youth sex registration, plea agreement
YOUTH SEX REGISTRATION: Youth properly required to register despite contrary intent of plea agreement… Langton affirmed (IOR I-3(d)). [Read more…]
Assault with weapon, cross-racial IDs
ASSAULT WITH WEAPON: Plain error review declined as to failure to immediately assign counsel… instructions as to reliability of cross-racial IDs vis-à-vis which of 2 blacks was shooter properly [Read more…]
Sentencing, state/federal consecutive
SENTENCING: 5-years for deceptive practices/PFO properly imposed consecutive to 14-year federal sentence, was not merely to assure restitution… Watters affirmed. [Read more…]
Ineffective assistance, attorney discipline
INEFFECTIVE ASSISTANCE claim based on disciplinary action against attorney properly rejected as improper 2nd motion… Oldenburg affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, erroneous PFO advice
PLEA WITHDRAWAL properly denied despite counsel’s concession that advice as to PFO potential was erroneous… Townsend affirmed. [Read more…]
Assault with weapon, DNA, waiver of counsel
ASSAULT WITH WEAPON: Lab scientist properly allowed to present DNA evidence… insufficient support for excusing Clerk of Court employee for cause… no abuse of discretion in finding knowing [Read more…]
Plea withdrawal, nolo to online chat sting
PLEA WITHDRAWAL: Claim that nolo plea not authorized in sex cases waived by failure to raise below… claim of coerced plea in online chat sting properly rejected… McLean affirmed (IOR I-3(d)). [Read more…]
Nonsupport, prosecutorial misconduct
NONSUPPORT: Prosecutorial misconduct, vindictive prosecution, IAC postconviction claims properly rejected based on plea agreement waiver and on the merits… Macek affirmed (IOR I-3(d)). [Read more…]
Criminal endangerment, negligent lesser-included
CRIMINAL ENDANGERMENT: Negligent endangerment a lesser included of criminal endangerment (1st impression)… evidence could support either, jury should have been instructed on negligent… conviction reversed, remanded… Langton reversed. [Read more…]