AGGRAVATED ASSAULT: Petition for new trial based on alleged ineffective assistance by dying attorney properly denied for lack of newly discovered medical evidence countering State’s evidence that Defendant caused infant’s brain injury that would justify “miscarriage of justice” exception to postconviction time-bar… Menahan affirmed. [Read more…]
Citizen’s arrest, blocking pursued motorcycle
CITIZEN’S ARREST: Motorist who blocked pursued motorcycle entitled to assert citizen’s arrest statute as defense to negligent endangerment and reckless driving… Wood/ Seeley reversed. [Read more…]
Injunction, cattle breeding dispute
INJUNCTION: Permanent injunction in cattle breeding dispute improperly issued before trial. . . remanded for findings & conclusions on request for preliminary injunction. . . Larson reversed (IOR I-3(c)). [Read more…]
Sexual assault, postconviction DNA, eyewitness
SEXUAL ASSAULT: Postconviction DNA testing properly denied in light of strong eyewitness testimony of assault of child… §46-21-110(5)(3) does not authorize testing of previously untested persons or comparison of newly obtained DNA with federal [Read more…]