DUI: Particularized suspicion to stop based on officer’s testimony of erratic driving despite lack of video… Wheelis affirmed. [Read more…]
Assault with weapon, veteran PTSD
ASSAULT WITH WEAPON: Veteran waived right to appeal exclusion of PTSD diagnosis by failing to reserve it prior to entering guilty plea… 10 years suspended for threatening to [Read more…]
DUI/speeding, appointed counsel, Cheetos muncher
DUI/SPEEDING: No abuse in not appointing counsel 9 days before trial when Defendant had fired initial appointed counsel and [Read more…]
Double jeopardy, sexual assault, SIWC
DOUBLE JEOPARDY: Defendant properly convicted of both sexual assault and SIWC of granddaughter despite charge [Read more…]
Mitigated deliberate homicide, transaction rule
MITIGATED DELIBERATE HOMICIDE: Victim’s prior behavior, unknown to Defendant, offered in support of justifiable defense, properly excluded… psychiatric testimony properly [Read more…]
Revocation, alleged illegal arrest in Georgia
REVOCATION: Challenge to jurisdiction to revoke following alleged illegal arrest in Georgia waived by not raising below, but in any event remedy for unlawful arrest is not dismissal… Georgia convictions for sending obscene images to minors violated express probation condition, Defendant properly revoked… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]