PFMA STRANGULATION: Conviction affirmed over challenge to admission of prior domestic abuse and control… conviction affirmed… Abbott affirmed. [Read more…]
Revocation, probationary period illegally extended
REVOCATION: Sentence illegally extended by including probationary period of custodial sentence… Berger reversed. [Read more…]
Revocation, one District Judge overturning another
REVOCATION: Dismissal of petition to revoke suspended sentence and striking order of Halligan which had revoked conditional discharge from supervision reversed… Larson reversed. [Read more…]
Theft, 5 years suspended where max was 3 years
THEFT: 5-years suspended where the maximum was 3 years was an illegal sentence… Seeley reversed (memorandum). [Read more…]
Drugs, circumstantial evidence of possession
DRUGS: Sufficient circumstantial evidenced of possession of meth to support bench-trial conviction… Berger affirmed (memorandum). [Read more…]
Theft, hearsay texts improperly admitted as to value
THEFT: Hearsay text messages improperly admitted to prove value of property taken from storage unit, conviction of theft of property valued at over $1,500 but less than $5,000 reversed, remanded for new trial… Best reversed. [Read more…]
Indian parental termination
INDIAN PARENTAL TERMINATION affirmed… Laird affirmed. [Read more…]
Deliberate homicide, defense of others
DELIBERATE HOMICIDE: Conviction affirmed over claim of failure to instruct on defense of others… Halligan affirmed (memorandum). [Read more…]
DUI, 4th & 5th, 2021 enhancement
DUI: Sentence for 5th DUI improperly imposed under 2021 amendment when contemporaneously sentencing for 4th and 5th DUIs… Larson reversed. [Read more…]
DUI vehicular homicide, wrong way on Interstate
DUI VEHICULAR HOMICIDE conviction stemming from driving wrong way on Interstate affirmed… Vannatta affirmed. [Read more…]