DELIBERATE HOMICIDE: Prosecutor’s opening and closing comments about local drug culture not misconduct in light of underlying drug issues involving Defendant and eyewitness… some ineffective assistance claims rejected, others more proper for postconviction… conviction affirmed… Souza affirmed. [Read more…]
Postconviction, counsel’s delays/lack of candor
POSTCONVICTION: Appointed counsel’s delays and lack of candor improper basis for dismissing blameless Defendant’s petition… Rienne McElyea reversed (IOR I-3(c)). [Read more…]
Child pornography, prison to assure supervision
CHILD PORNOGRAPHY: 40-year prison term properly imposed out of concern that statutory amendments would “short-circuit” Judge’s goal of long-term supervision… Jones affirmed (IOR I-3(c)). [Read more…]
Ineffective assistance, “seemingly substantial,” rape
INEFFECTIVE ASSISTANCE concerns adequately addressed in protracted status conference discussion, nothing “seemingly substantial” that would require a formal inquiry… continuance of trial properly denied… rape conviction affirmed… H. Brown affirmed. [Read more…]
Postconviction, killer of husband and girlfriend
POSTCONVICTION claims by killer of estranged husband and his girlfriend properly rejected… Seeley affirmed (IOR I-3(c)). [Read more…]
Attorney discipline, deferred while on disability
ATTORNEY DISCIPLINE: Proceedings against Brandon Hartford deferred during disability status… order. [Read more…]
Sex assault of minor, ineffective assistance claims
SEXUAL ASSAULT OF MINOR: Ineffective assistance claims properly rejected… Knisely affirmed (IOR I-3(c)). [Read more…]
Excessive fines, mandatory 35% of value of drugs
EXCESSIVE FINES: Mandatory 35% of market value fine facially unconstitutional for lack of consideration of financial resources and burden… Cybulski reversed. [Read more…]
Criminal forfeiture, Utah drug charges (other acts)
CRIMINAL FORFEITURE: Utah drug charges filed 9 months after Montana charges improperly admitted to prove that money seized in Montana case was intended for distribution of drugs. . . conviction reversed, remanded for new trial. . . Hayworth reversed. [Read more…]
Drugs, consent to search vehicle after speeding stop
DRUGS: Consent to search vehicle after speeding stop ripened into drug investigation properly found based on totality of circumstances. . . Simonton affirmed (IOR I-3(c)). [Read more…]