JUSTIFIABLE FORCE: Jury properly instructed on duty to retreat in light of conflicting claims as to who was aggressor… assault with weapon conviction affirmed… McLean affirmed. [Read more…]
Restitution, counseling, protective order violation
RESTITUTION: Counseling costs for sex abuse accuser improperly imposed for violation of order of protection… McLean reversed. [Read more…]
Restitution, future medicals up to cap
RESTITUTION: Consideration of resources/future ability to pay not required since 2003… future medicals improperly stated as unspecified amount up to a $25,000 cap, speculative evidence insufficient to support that amount, remanded for reconsideration… Townsend affirmed, reversed (IOR I-3(d)). [Read more…]
Revocation, sentencing dates, petition timeliness
SENTENCING/REVOCATION: Sentencing dates including time-served properly calculated, revocation petition timely… Larson affirmed (IOR I-3(d)). [Read more…]
DUI, prior infirmity circumstantial evidence
DUI: Circumstantial as well as direct evidence permissible to
establish infirmity of prior DUIs, but defendant must show [Read more…]
DUI, traffic stop, officers’ marijuana expertise
DUI: Particularized suspicion to stop vehicle that screeched/revved in view of officers on another stop… [Read more…]