INDIAN PARENTAL TERMINATION affirmed… Laird affirmed. [Read more…]
Revocation, “guilty but mentally ill”
REVOCATION: “Guilty but mentally ill” person who killed a woman in a wrong-way interstate collision and was committed to Warm Springs properly revoked under criminal sentencing statutes… Dayton affirmed. [Read more…]
Work comp restitution, MSF victim, hardship waiver
WORK COMP RESTITUTION: MSF correctly determined to be a victim insurer entitled to restitution but amount awarded should have been waived as unjust in light of Defendant’s dire financial situation despite her failure to formally petition for waiver… J. Brown affirmed, reversed. [Read more…]
Restitution, meth decontamination, no causal connection
RESTITUTION: $31,902 restitution for meth decontamination improperly imposed on Defendant who merely possessed meth residue and a pipe… Reynolds reversed. [Read more…]
Deliberate homicide/PFMA, joinder, victim’s meth use
DELIBERATE HOMICIDE/PFMA convictions affirmed over challenges to joinder of counts and exclusion of victim’s meth use and out-of-court statements (some erroneously admitted but harmless error)… Townsend affirmed. [Read more…]
Rape, sex with intoxicated 15-year-old
RAPE: Conviction of sex with intoxicated 15-year-old at “horny-fest” affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
Rape/burglary/assault, apprehension of death
RAPE/BURGLARY/ASSAULT: Challenge of Lab’s blood/DNA processing properly rejected. . . apprehension of “death” properly included in aggravated assault instruction. . . restitution for damages to victim’s home properly awarded based solely on her testimony. . . convictions affirmed. . . Todd affirmed. [Read more…]
Parental termination, parents’ drug tests
PARENTAL TERMINATION: Parents’ drug tests improperly admitted through CASA, but harmless error as termination still warranted for failure to complete treatment plans. . . Olson affirmed. [Read more…]
Sentencing, “distracted” Judge, “loser” comment
SENTENCING: Claim of deprivation of due process at DUI sentencing hearing on basis that “distracted” Judge called Defendant a “loser” rejected, counsel not ineffective for not objecting to Judge’s conduct… standard DOC probation condition of permission before engaging in business etc properly imposed…. Deschamps affirmed. [Read more…]
Rape, “compelled” testimony from 1st trial
RAPE: “Compelled” testimony from 1st trial on same charge properly admitted at 2nd trial… Allison affirmed. [Read more…]
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