DUI: Conviction remanded for a new trial because entire dash-cam video was replayed during jury deliberations… Lint reversed (memorandum). [Read more…]
Sexual assault of children by uncle, “dirty feeling”
SEXUAL ASSAULT of children by uncle affirmed with jury entitled to draw inferences from same “dirty feeling” accuser felt during 2 incidents that contact with her vagina was knowing contact with “same spot” in 3rd incident… convictions affirmed… Harada affirmed. [Read more…]
DUI, circumstantial evidence instructions, prior DUI
DUI: Proper circumstantial evidence instruction given at trial of intoxicated man found sleeping in vehicle in snowbank… 2004 DUI properly found constitutionally firm to support felony enhancement… Menahan affirmed (memorandum). [Read more…]
Prison smuggling, no conspiracy instruction request
PRISON SMUGGLING: No indication of why counsel declined to request conspiracy instruction on charge of smuggling drugs into MSP, ineffective assistance claim more amenable to postconviction… Dayton affirmed (memorandum). [Read more…]
Sentencing, presumption of deferred, meth possession
SENTENCING: Presumption of deferred sentence for meth possession not overcome, suspended sentence improperly imposed… Cuffe reversed. [Read more…]