SENTENCING: Delay of 301 days not substantially prejudicial where the only prejudice was paying for 10 months of wearing alcohol bracelet. . . dismissal of assault with weapon properly denied. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Sentencing, “undermined” incest plea agreement
SENTENCING: Plain-error review declined over claim that Prosecutor undermined incest plea agreement at sentencing. . . Kutzman affirmed (IOR I-3(c)). [Read more…]
Postconviction, “new evidence,” van/bike collision
POSTCONVICTION: Victim’s latent recollection that he swerved his bike in front of Defendant’s van rather than Defendant running him down not “newly discovered evidence” of “actual innocence” of attempted mitigated homicide. . . counsel not ineffective for not interviewing victim based on belief that he had no recollection. . . Larson affirmed. [Read more…]
Marital, support income imputation, wealthy father
MARITAL: $300,000/yr income for support purposes properly imputed to wealthy businessman with negative adjusted gross income… Stadler affirmed (IOR I-3(c)). [Read more…]
Search & seizure, jail phone recording, MSP nurse
SEARCH & SEIZURE: No standing by jail inmate to contest recording of conversation consented to by another inmate which resulted in tampering charge against nurse accused of SIWC at MSP… Dayton affirmed (other grounds) (IOR I-3(c)). [Read more…]
START nurse sex with inmates
START NURSE sex convictions affirmed over statutory vagueness challenges… Dayton affirmed (IOR I-3(c)). [Read more…]
Revocation, in absentia trial
REVOCATION: Transcript reveals sufficient reasons for revocation, Defendant who was removed from courtroom for disruptive/abusive behavior and who refused to watch or listen not entitled to written findings… Langton affirmed (IOR I-3(c)). [Read more…]
Hearsay, prior consistent statement, weapon assault
HEARSAY: Stabbing account not admissible as prior consistent statement, but trial error harmless in light of sufficient evidence to convict of assault with weapon… Deschamps affirmed (IOR I-3(c)). [Read more…]
Marital/conversion/res judicata
MARITAL/CONVERSION/JUDICATA: Suit claiming pre-divorce conversion of $6,500 check barred by res judicata failure to order wife to repay in marital contempt proceeding… Lympus reversed (IOR I-3(c)). [Read more…]
Drugs, warrantless dog sniff
DRUGS: Sufficient particularized suspicion for warrantless dog sniff of car stopped for lights/plates violations… Cybulski affirmed. [Read more…]