SEX OFFENDER REGISTRATION: Retroactive application of post-07 SVORA amendments constitute ex post facto lifetime punishment… Defendant convicted of sexual assault in 1994 improperly convicted in 2019 for failure to register… Whelan reversed. [Read more…]
Sexual abuse of children, cell phone child porn search
SEXUAL ABUSE OF CHILDREN: Consent to search Facebook Messenger on cell phone to verify that Defendant was on phone during curfew violation did not give PO permission to access photo gallery… search of gallery was not a valid probation search… child porn extracted as result of illegal search subject to suppression under exclusionary rule… Krueger reversed. [Read more…]
DUI, Alaska DUIs for felony enhancement
DUI: Alaska statute sufficiently similar to Montana’s for felony enhancement… Newman affirmed. [Read more…]
Deliberate homicide, partial skull of missing father
DELIBERATE HOMICIDE conviction of son whose missing father’s only part found was partial skull affirmed over claims of violation of right of presence at unrecorded conferences and error in allowing officers to testify multiple times on direct. . . Krueger affirmed. [Read more…]
Deliberate homicide, prior PFMA, “forceful slam”
DELIBERATE HOMICIDE: Prior PFMA involving banging wife’s head on floor properly admitted to show motive, opportunity, and absence of mistake or accident in death of infant by “forceful slam against some broad object”… conviction affirmed… Krueger affirmed. [Read more…]
Deliberate homicide, justifiable force
DELIBERATE HOMICIDE: Jury properly instructed on justifiable force… Prosecutor’s comments as to Defendant’s failure to tell police his self-defense theory not plain error, misstatement of justifiable force as requiring belief that Defendant’s life is in jeopardy not plain error… conviction affirmed… Newman affirmed. [Read more…]
Sentencing, non-binding plea agreement
SENTENCING: Because Judge not required to accept every recommendation of non-binding plea agreement, oral pronouncement and written judgment consistent in reflecting intent not to run new sentences concurrent with existing… Krueger affirmed (IOR I-3(c)). [Read more…]
Game, unlawful possession, statute of limitations
GAME: Statute of limitations for unlawful possession of wildlife begins when one ceases to possess… Krueger reversed on supervisory control (opinion & order). [Read more…]
Speedy trial, conviction to sentencing
SPEEDY TRIAL: Constitutional right does not extend from conviction to sentencing, Mooney contrary holding overruled, although Defendant has due process right to be sentenced without unreasonable delay as well as statutory right (not asserted here) (1st impression)… 14 months delay from guilty plea to sentencing for bail jumping unacceptable but any prejudice speculative and not substantial… Krueger affirmed (other grounds). [Read more…]
Incest, recorded pretext calls, photos
INCEST: Recordings of pretext calls between daughter and father violated Allen, but harmless error… explicit photos admissible under 401 & 402, not excluded by 404(b) or 403, not necessary to analyze under transaction rule… conviction affirmed… Newman affirmed (other grounds). [Read more…]