RAPE/KIDNAP/ROBBERY: Defendant deprived of fair trial by repeated use of “victim” in reference to complaining witness and by admission of his request to his girlfriend that she “wipe” his phone… conviction reversed, remanded for a new trial… Marks reversed. [Read more…]
Rape, intoxicated victim
RAPE: Jury improperly instructed that Defendant acted “knowingly” if he was aware only of a “high probability” that victim was unable to give consent due to intoxication… conviction reversed, remanded for new trial… Whelan reversed. [Read more…]
Revocation, hearing with Defendant unrepresented
REVOCATION: Disposition improvidently granted following hearing with Defendant unrepresented… Bonilla reversed. [Read more…]
Deliberate homicide, lesser-included, juror queries
DELIBERATE HOMICIDE conviction affirmed over challenge to denial of lesser-included mitigated deliberate and handling of juror queries… Oldenburg affirmed. [Read more…]
DUI, closing by Defendant who chose not to testify
DUI: Felony conviction affirmed over challenge by pro se Defendant found intoxicated in single-vehicle MVA who chose not to testify to not being allowed to make statements in closing not made under oath at trial… Wilson affirmed. [Read more…]
Assault with weapon, justifiable force, face slashing
ASSAULT WITH WEAPON, violation of protective order, tampering convictions stemming from face slashing affirmed… Harris affirmed. [Read more…]
Sex abuse of children, 100 years, 69 IQ Defendant
SEX ABUSE OF CHILDREN: 100 years at MSP, 65 suspended, no parole for 25 years for 69 IQ Defendant in on-line sting affirmed… Fehr affirmed. [Read more…]
Dismissal, failure to attend omnibus hearing
DISMISSAL: PFMA Defendant’s appeal from City Court conviction improperly dismissed for failure to attend omnibus hearing without considering whether he had good cause… Owen reversed (memorandum). [Read more…]
Pretrial publicity, small community homicide
PRETRIAL PUBLICITY: Claim of ineffective assistance for failing to inquire of the venire regarding pretrial publicity in homicide case in small community properly rejected… Wald affirmed (memorandum). [Read more…]
Search warrant, 10-day limit, accessing seized devices
SEARCH WARRANT: Process of accessing devices already lawfully seized does not violate the 10-day limit on serving a warrant… suppression of evidence from devices reversed… Halligan reversed. [Read more…]
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