GUARDIANSHIP: Mother received procedural due process in challenge of Daughters’ desire to move her to Utah… McMahon affirmed (memorandum). [Read more…]
Theft, hearsay texts improperly admitted as to value
THEFT: Hearsay text messages improperly admitted to prove value of property taken from storage unit, conviction of theft of property valued at over $1,500 but less than $5,000 reversed, remanded for new trial… Best reversed. [Read more…]
Child pornography, videos sent by minor
CHILD PORNOGRAPHY conviction affirmed… Christensen affirmed (memorandum). [Read more…]
Revocation, sex treatment arrangement prior to release
REVOCATION: Sex offender improperly revoked on basis that he did not have treatment arranged prior to release from prison… Ruiz reversed. [Read more…]
Felony sexual assault, failure to instruct on age disparity
FELONY SEXUAL ASSAULT: Failure to instruct that age disparity was an element of the offense warrants reversal of conviction under plain error review… Cybulski reversed (memorandum). [Read more…]
Elections, student ID, no same-day registration
ELECTIONS: SB 169 (student ID insufficient to vote) and HB 176 (no election day registration) properly preliminarily enjoined… Moses affirmed. [Read more…]
Elections, HB 176, SB 169 injunction stay on appeal
ELECTIONS: SOS’s request to stay preliminary injunction prohibiting enforcement of HB 176 and SB 169(2) granted… Moses reversed… order. [Read more…]
Mental commitment, failure to provide rights advisory
MENTAL COMMITMENT: Plain error review of failure to provide advisory of rights declined as to person who interrupted Judge’s attempts to advise and no risk of substantial prejudice. . . J. Brown affirmed. [Read more…]
Theft, caretaker claim of right to remove property
THEFT: Good faith claim of right for caretaker to remove property to leverage payment of purported contract debt properly submitted to jury, which had sufficient evidence to convict of theft. . . attorney legal opinion improperly allowed but harmless error. . . Oldenburg affirmed. [Read more…]
Escape, security officer near Defendant at trial
ESCAPE: Placing security officer near Defendant at trial without analysis was error but not prejudicial . . . ineffective assistance claims for failing to object to statements by the Prosecutor or request instructions relating to investigative detention v. arrest more amenable to post conviction. . . violent offender registration improperly imposed on escape Defendant. . . treatment recommendations in pronouncement should be included in judgment. . . Larson affirmed, reversed (IOR I-3(c)). [Read more…]