ELDER ABUSE: Expert not required to opine on mental injury in elder abuse cases… oral waiver of jury properly accepted… constitutional challenges to elder abuse act rejected… Murnion affirmed. [Read more…]
Drugs, continued prosecution of unresolved count
DRUGS: §46-11-503(1)(b) does not bar continued prosecution of an unresolved count when all charges were filed in a single proceeding and the Defendant pled guilty to other counts charged in that proceeding… McMahon affirmed. [Read more…]
Aggravated assault of 3-year-old
AGGRAVATED ASSAULT: Conviction for injuring 3-year-old affirmed over speedy trial issues (613 days) involving frequent counsel substitutions and Interstate Agreement on Detainers… Linneweber affirmed. [Read more…]
Incest, minor stepdaughter, delayed disclosures
INCEST: Convictions relating to sex with minor stepdaughter affirmed over cumulative error claim including blind expert’s testimony about delayed disclosures, other bad acts evidence, alleged Doyle error… Lint affirmed (memorandum). [Read more…]
Multiple convictions, mischief, attempted burglary
MULTIPLE CONVICTIONS violated by separate conviction for criminal mischief underlying attempted burglary… Seeley reversed (memorandum). [Read more…]
Easement, $159,234.40, water well interference
EASEMENT: $54,610 compensatory damages, $56,500 punitives, $48,124.40 attorney fees & costs properly awarded for interference with water well easement… Cuffe affirmed (memorandum). [Read more…]
Counsel substitution, not “seemingly substantial”
COUNSEL SUBSTITUTION: Grievances against attorneys properly found not “seemingly substantial” in initial inquiry, separate hearing not required… substitution properly denied… Souza affirmed. [Read more…]
Attempted escape, judge disqualification
ATTEMPTED ESCAPE/JUDGE DISQUALIFICATION: Defendant properly charged with attempted escape when he fled courtroom during arraignment… Judge present at the incident not disqualified from presiding over subsequent jury trial… Harada affirmed. [Read more…]
Stalking, subsequent USSC mens rea holding waived
STALKING: Defendant waived right in plea agreement to challenge constitutionality of statute under subsequent USSC mens rea holding… Brown affirmed (memorandum). [Read more…]
Plea agreement, fictitious “SIWC by common scheme”
PLEA AGREEMENT properly held illegal for proposing amendment of child sex abuse offenses to fictitious SIWC by common scheme… Seeley affirmed. [Read more…]