PFMA/SPEEDY TRIAL: District Court had felony jurisdiction over PFMA in convoluted series of charges… 6-month misdemeanor speedy trial motion properly denied under bizarre circumstances… legal mazes in cases of offenses that escalate in severity depending on the number of the offense can be avoided… Swandal affirmed. [Read more…]
Mental commitment, “friend,” findings
MENTAL COMMITMENT: No error not to appoint “friend” where no one willing to serve… findings sufficiently detailed… omission of recommendations in professional report harmless error… McKinnon affirmed. [Read more…]
Aggravated assault, photos, victim’s pornography
AGGRAVATED ASSAULT: Photos of victim properly admitted to show serious injury… evidence of victim’s pornography to show justifiable force properly excluded… instruction on misdemeanor assault as lesser-included properly denied… Rice affirmed. [Read more…]
Aggravated assault, injury of infant v. accident
AGGRAVATED ASSAULT: Sufficient circumstantial evidence that Defendant purposely injured infant as opposed to “accident”… dismissal properly denied… McLean affirmed. [Read more…]
Search/seizure, child porn/slander letter informants
SEARCH & SEIZURE: Warrant to look for child pornography/slander letters supported by citizen informants, corroboration that suspect was registered sex offender and that one informant had helped distribute a slander letter… no abuse of discretion in no suppression hearing since application challenged on 4-corners and no showing of false statement, [Read more…]
Search/seizure, protective sweep, hotel room
SEARCH & SEIZURE: Protective sweep of hotel room following arrest of person being sought reasonable to ensure safety at scene, marijuana/pipe in plain view, subsequent admission of meth possession by girlfriend of suspect did not stem from evidence obtained by [Read more…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint a friend… plain error review invoked first time in commitment proceeding… Sherlock reversed. [Read more…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint friend… plain error review… McCarter reversed. [Read more…]