RAPE: State’s blind expert improperly allowed to remain in courtroom prior to rebuttal of Plaintiff’s blind expert on “regrettable sex defense” but error was harmless… increasing sentence on retrial from 40 years MSP 20 suspended to 50 years MSP 30 suspended was vindictive sentencing, remanded to change term to 40 years MSP 20 suspended… Christopher affirmed, reversed. [Read more…]
Tampering with blood evidence
TAMPERING: Jury erroneously instructed to convict based on “knowingly” rather than “purposely” tampering with blood evidence but error was harmless… Kutzman affirmed. [Read more…]
Revocation, clerical error dismissal of case
REVOCATION: Court correctly corrected prior Judge’s clerical error which dismissed case with prejudice rather than only dismissing first revocation as State intended… clerical errors v. judicial errors explicated… Grubich affirmed. [Read more…]
Sentencing, pilot conditions permitting search of devices
SENTENCING: AP&P pilot conditions permitting search of devices and disclosure of intimate partner relationships improperly imposed on PFMA Defendant… Kutzman reversed. [Read more…]
Rape, false-claims statistics improper bolstering
RAPE: Expert testimony on statistics of false claims of rape improperly bolstered accuser’s credibility in “he said, she said” case… conviction reversed, remanded for new trial… Christopher reversed. [Read more…]
Speedy trial, kidnap, “missing” victim, 374 days
SPEEDY TRIAL: Charge against kidnap Defendant incarcerated 374 days dismissed due to State’s delay in producing surveillance tapes and access to “missing” alleged victim who was in another jail… Best. [Read more…]
DUI, 1999 validity
DUI: Claim of infirm 1999 DUI properly rejected… Pinski affirmed. [Read more…]