JUROR CHALLENGE: Juror with experience with DUI drivers properly seated despite State’s improper and unnecessary rehabilitative questions as to “fairness”. . . felony DUI conviction affirmed. . . H. Brown affirmed. [Read more…]
DUI, blood draw warrant, Arizona/Montana DUIs
DUI: Warrant for blood draw properly issued based on telephonic affidavit observations of driving without need to analyze similarity of Arizona and Montana DUI statutes as also noted in affidavit… Townsend affirmed. [Read more…]
Sexual assault, nolo plea/sentence
SEXUAL ASSAULT: Nolo plea pursuant to agreement improperly accepted… Sandefur reversed. [Read more…]
DUI, excessive exhaust, revving
DUI: Excessive exhaust observed by one officer after report by another officer of excessive revving inside parking garage provided particularized suspicion for investigative stop… Wood affirmed, Cooney reversed. [Read more…]
Ineffective assistance, intimidation/tampering
IAC claims by intimidation/tampering Defendant properly denied… Langton affirmed. [Read more…]
Postconviction, untimely IAC, equitable exception
POSTCONVICTION: Equitable exception to untimely IAC claim properly denied Canadian drug Defendant faced with deportation… Seeley affirmed (IOR I-3(c)). [Read more…]
Speedy trial, 375 days, robbery
SPEEDY TRIAL claim properly rejected based on 375 days of delay with 14 to robbery Defendant and the rest as institutional to the State… claim that attorney was ineffective for waiving speedy trial hearing more amenable to postconviction…. Newman affirmed. [Read more…]
Mental commitment, involuntary medication
MENTAL COMMITMENT: Sufficient evidence for commitment to Warm Springs but not for involuntary medication… Moses affirmed, reversed (IOR I-3(c)). [Read more…]