DUI: $600 suspended fine properly imposed over Defendant’s claimed inability to pay… Overland/Coffman affirmed. [Read more…]
DUI, crash into house, driving v. accidental roll
DUI: Overwhelming evidence that Defendant drove into house gas line over claim of accidental rolling by failing to put car in “park,” even if counsel was ineffective (he was found effective)… Eddy affirmed (IOR I-3(c)). [Read more…]
DUI, vehicle stuck in mud along RR tracks
DUI: Vehicle stuck in mud alongside railroad tracks did not “materialize out of thin air,” properly found by circumstantial evidence to have been driven from road quarter mile away… Justice Court trial record reconstructed on appeal due to failed recording… jail/suspended time in written judgment inverted from oral pronouncement… Hummel/Allison affirmed, reversed (IOR I-3(c)). [Read more…]
Trespass/mischief, property purchased from ex-wife
TRESPASS/MISCHIEF: Claim of right to enter property purchased in good faith from ex-wife and possessed by buyers not a defense in criminal case. . . Hummel/Allison affirmed (IOR I-3(c)). [Read more…]
Criminal trespass, hotel storage closet “guest”
CRIMINAL TRESPASS: Non-paying “guest” living in hotel storage closet properly convicted based on common hotel practices, no need for testimony from owner. . . erroneous judgment may be corrected by Justice Court to conform to pronouncement without need for remand. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]