DRUGS: Statutory fine of 35% of value of marijuana properly imposed despite State not alleging the enhancement as part of the charge and Defendant not admitting to the value… Simonton affirmed. [Read more…]
Drugs, statutory 35% of value of marijuana
DRUGS: Statutory fine of 35% of value of marijuana properly imposed despite State not alleging the enhancement as part of the charge and Defendant not admitting to the value… Simonton affirmed. [Read more…]
Drugs, accountability for marijuana grow
DRUGS: Jury properly instructed on accountability for marijuana grow despite Defendant not being charged with accountability… Prosecutor’s closing statements not misconduct… Defendant’s request for surrebuttal to get in last word properly denied… Hayworth affirmed. [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
Tampering/fabricating, false rape claim
TAMPERING/FABRICATING: Defendant who falsely claimed rape properly charged with felony tampering with or fabricating “physical evidence” in the form of vaginal secretions from recent sex with husband to mislead officials into believing that ex- [Read more…]
Dismissal, improper party (Sheriff’s Office)
DISMISSAL without prejudice of constructive discharge suit for failure to name proper party is appealable as refiling would be time-barred… amendment to add County without deleting Sheriff’s Office improperly denied… Oldenburg reversed. [Read more…]
Plea withdrawal, negligent vehicular assault
PLEA WITHDRAWAL properly denied where negligent vehicular assault Defendant claimed lawyer should have interviewed more witnesses as to timing of marijuana use and called marijuana [Read more…]
Age, failure to consider all available information
AGE DISCRIMINATION: Investigator failed to consider all available information before finding no support for [Read more…]
Judicial records, access to search warrant materials
JUDICIAL RECORDS: Public has qualified common law right of access to materials filed in support of search warrant applications [Read more…]
Limited representation, claims against attorney
LIMITED REPRESENTATION: Contract, bad faith, deceit claims against limited representation attorney in suit by prisoner [Read more…]