INEFFECTIVE ASSISTANCE: Counsel was ineffective in not moving for dismissal after 6 months following Justice Court mistrial, [Read more…]
Robbery, confrontation, mistrial, bolstering
ROBBERY: Confrontation, mistrial, bolstering claims properly rejected… J. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Postconviction, new evidence, sex victim affidavit
POSTCONVICTION: Victim’s affidavit that Defendant not the triplet uncle who assaulted him not new evidence that would overcome time-bar since victim’s inability to discern [Read more…]
Criminal endangerment, “knowingly”
CRIMINAL ENDANGERMENT: J. Brown improperly instructed on “knowingly,” conviction reversed by stipulation, remanded for new trial… order. [Read more…]
Burglary/attempted rape/sentencing, PFO
BURGLARY/ATTEMPTED RAPE/SENTENCING: Sentences based on PFO replace sentence for underlying felony, PFO may be sentenced to maximum on each charge, Gaither overruled, Defendant properly sentenced to both life for attempted rape and 100 years as PFO for burglary… sufficient evidence of [Read more…]