PFMA/SENTENCING: Old forgery charge against victim properly excluded… 5 years to DOC properly imposed based on PFO and threat to community… Gustafson affirmed. [Read more…]
Sentencing, parole restrictions, plea agreement
SENTENCING: Parole restriction did not violate plea agreement, which was silent as to parole… Prosecutor did not violate agreement by responding to motion for specific performance…Lenihan not applied to address [Read more…]
Sentencing, restriction on contact with children
SENTENCING: Limitation on contact with children other than Defendant’s proper for SVORA conviction, based on underlying statutory rape 12 years earlier… restriction on going where children congregate, even with own children, proper… McKittrick affirmed. [Read more…]
Sentencing, alcohol restrictions, non-drinker
SENTENCING: Sufficient nexus between alcohol restrictions and non-drinker who assaulted wife in light of history of violence toward women, anger, mental issues… Salvagni affirmed. [Read more…]
Revocation, Stiffarm retroactivity, sex assault
REVOCATION: Stiffarm prospective only, authority to revoke where petition filed prior to suspension period… revocation of sexual assault defendant proper over claim that violations not willful… new and [Read more…]
DUI, prior infirmity circumstantial evidence
DUI: Circumstantial as well as direct evidence permissible to
establish infirmity of prior DUIs, but defendant must show [Read more…]
Felony murder, Miranda/intoxication
FELONY MURDER/MIRANDA: Request to “call my mother to call my lawyer” in context of conversation with officer not [Read more…]
Drugs, subsequent charge, drugs from same bag
DRUGS: Dismissal of methadone in syringe following conviction of meth residue on spoon properly denied over claim of same [Read more…]
Drugs, tail light stop, search, inevitable discovery
DRUGS/SEARCH & SEIZURE: Tail light stop properly enlarged by driver’s behavior… search of fanny pack illegal but meth would [Read more…]
Traffic stop, unestablished “school zone”
TRAFFIC STOP: Challenge of stop for 29 mph in “15 mph school zone” despite no such zone in County and that “pacing” [Read more…]