ESCAPE CONSPIRACY conviction affirmed over claim that God revealed plan so homicide lifer could receive spiritual atonement by fighting for ethic Russians in Ukraine… Dayton affirmed. [Read more…]
Sentencing, “time served” clarified
SENTENCING: Defendant entitled to credit under clarification of “time served” in §46-18-201(9)… Dayton reversed. [Read more…]
Trial restraints, MSP inmate, leg irons, guards present
TRIAL RESTRAINTS: MSP inmate charged with spitting on guards not deprived of fair trial by having to wear leg irons and presence of guards in courtroom… Dayton affirmed (memorandum). [Read more…]
Rape, fair trial undermined by vouching of child
RAPE: Fair trial undermined by testimony elicited from 4 experts vouching for 15-year-old’s credibility and Prosecutor commenting that she was a reliable witness with no incentive to lie… conviction reversed, remanded for new trial… Dayton reversed. [Read more…]
Traffic stop duration, glasses case meth pipe
TRAFFIC STOP and arrest of passenger for drugs based on tip not improperly prolonged to probe another passenger’s eyeglass case spotted in purse which turned out to contain meth pipe (meth in baggie was later found in jail search of clothes)… suppression properly denied… Dayton affirmed (IOR I-3(c)). [Read more…]
DUI, failure to signal
DUI: Defendant properly stopped for failure to signal, Trooper’s observations ripened into particularized suspicion of DUI and probable cause for arrest… Dayton affirmed (IOR I-3(c)). [Read more…]