DUI: Sufficient basis to stop vehicle with continuously lit brake light despite 2 other functioning brake lights. . . Sullivan/Eddy affirmed (IOR I-3(c)). [Read more…]
Restitution, affidavit/testimony of victims
RESTITUTION improperly awarded without affidavit or testimony of victims specifically describing their losses . . . Jones reversed. [Read more…]
Sentencing, extra year for alcohol treatment
SENTENCING: 1 year properly added to plea agreement to allow additional time for alcohol treatment because of delay caused by continuances requested by Defendant. . . remanded for consideration of ability to pay defender fees. . . technology fee improperly imposed per count. . . Larson affirmed, reversed. [Read more…]
Child endangerment, duty of care, intoxication
CHILD ENDANGERMENT: Conviction of mother who was alone with child while highly intoxicated after babysitter left affirmed. . . Bolstad/Kutzman affirmed (IOR I-3(c)). [Read more…]
Criminal forfeiture, Utah drug charges (other acts)
CRIMINAL FORFEITURE: Utah drug charges filed 9 months after Montana charges improperly admitted to prove that money seized in Montana case was intended for distribution of drugs. . . conviction reversed, remanded for new trial. . . Hayworth reversed. [Read more…]
Resisting arrest/obstruction
RESISTING ARREST/OBSTRUCTION convictions affirmed. . . Dayton affirmed (IOR I-3(c)). [Read more…]
DUI, Intoxilyzer certification testimony
DUI: Testimony about Intoxilyzer certification properly allowed from deputy who had not personally performed the certifications. . . Cantin/Gilbert affirmed (IOR I-3(c)). [Read more…]
Drugs, passenger plea agreement
DRUGS: Evidence of passenger’s plea agreement for impeachment purposes improperly excluded in trial of driver in whose vehicle drugs were found. . . conviction reversed, remanded for new trial. . . Langton reversed. [Read more…]
Deliberate homicide, self-defense, cumulative error
DELIBERATE HOMICIDE: Statements by victim provided evidence of state of mind immediately preceding drunken altercation over whether Army or Marines are better, tended to show why Defendant used force, improperly precluded as hearsay. . . inquiry into pathologist’s credibility based on letter accusing him of misconduct and false testimony improperly precluded. . . cumulative errors require reversal, remand for new trial. . . Judge within discretion in resolving jury’s concerns about being photographed by media by assuring that media respects their privacy although would have been better to question jurors. . . Knisely reversed. [Read more…]
Mental commitment, swimming out into lake
MENTAL COMMITMENT: Person properly committed to 5 additional days at mental health center after swimming 100 yards into lake and refusing to return. . . psychiatrist’s opinion based in part on review of admission records properly considered. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]