SUBDIVISION COVENANTS: No abuse of discretion denying preliminary injunction against proposed assisted living facility in residence pending determination of merits . . . Larson affirmed (IOR I-3(c)). [Read more…]
Mental commitment, IAC per Strickland
MENTAL COMMITMENT: Counsel not ineffective under clarified standard which requires application of Strickland… commitment affirmed… Reynolds affirmed. [Read more…]
Mitigated deliberate homicide, bar fight
MITIGATED DELIBERATE HOMICIDE: Jury correctly instructed on mitigated deliberate as lesser-included of deliberate, presumed to follow instruction despite erroneous verdict form similar to one proposed by Defendant, no Demontiney error… aggravated assault lesser-included instruction properly [Read more…]
Sentencing, burglary, sex registration
SENTENCING: Sex offender registration properly imposed on burglary defendant who agreed to it in plea bargain subject to right to object… internet restriction limited to probationary period despite Judge’s statement that he would “never” have access… McLean affirmed. [Read more…]
Speedy trial, Ariegwe analysis, dismissal
SPEEDY TRIAL: Most of 432 days from arrest properly attributed to State… dismissal properly granted despite incomplete Ariegwe analysis, calculation errors… Fagg affirmed. [Read more…]
Plea withdrawal, mental competence, SIWC
PLEA WITHDRAWAL: Defendant understood SIWC maximum, adequately advised that plea would be final even if agreement not accepted, claim that he should have been advised that he waived sexual assault instruction because penetration of 6-year-old absurd, debunked by [Read more…]
Sentencing, assault of babysitting child
SENTENCING: Defendant convicted of assault of babysitting child properly precluded from unapproved contact with his own child… criminal/negligent endangerment not “violent offenses” that require registration… McCarter affirmed, reversed. [Read more…]
Restitution, falsified customer return receipts
RESTITUTION: Calculation of falsified customer return receipts reasonable… insurer subrogation challenge not preserved for appeal… Irigoin affirmed. [Read more…]
Restitution, damaged stolen vehicle
RESTITUTION: $500 properly ordered for damaged vehicle… unknown additional amount improperly ordered… Irigoin affirmed, reversed (IOR I-3(d)(v)). [Read more…]
Drugs, vehicle stop, suspicious occupants
DRUGS: Particularized suspicion to stop vehicle parked in high crime area at 2 a.m. with occupants moving around suspiciously… drugs in container would have inevitably been discovered in arrest inventory… suppression properly denied… Todd affirmed. [Read more…]