SEXUAL ABUSE OF CHILDREN: Conviction of mother selling 4-year-old daughter affirmed over challenges relating to rape shield, COVID restrictions, credibility testimony by detective, late-disclosed detective’s note referencing victim’s reputation for untruthfulness… Larson affirmed. [Read more…]
Sentencing, credit for time on another offense
SENTENCING: Credit improperly denied for incarceration on another offense… supervisory conditions improperly imposed on unsuspended sentence… Oldenburg reversed. [Read more…]
DUI/assault on officer, morning of trial information
DUI/ASSAULT ON OFFICER: Prosecutor’s effort to correct information was clumsy and dragged into morning of trial but not prejudicial… video appearance of toxicologist did not implicate trial fairness… Prosecutor’s explanation of presumption of innocence, officer’s muted reaction to kick in shin, “colorful” comment about Defendant with .249 BAC being “loaded” not misconduct… convictions affirmed… Dayton affirmed (memorandum). [Read more…]
Aggravated kidnap, girlfriend not “voluntarily released”
AGGRAVATED KIDNAP: Overwhelming evidence that girlfriend was not “voluntarily released,” plain error review declined over Apprendi challenge to 40-year sentence… Parker affirmed (memorandum). [Read more…]
Sentencing, jail time as part of deferred imposition
SENTENCING: Jail time properly imposed as part of deferred imposition for paraphernalia… Walker/Todd affirmed. [Read more…]
Traffic stop, speeding extended to drugs
TRAFFIC STOP: Speeding stop properly extended to drug investigation… mandatory $97,125 fine with all but $5,000 suspended based on 35% of marijuana value improperly imposed… Hayworth affirmed, reversed (IOR I-3(c)). [Read more…]
Traffic stop duration, glasses case meth pipe
TRAFFIC STOP and arrest of passenger for drugs based on tip not improperly prolonged to probe another passenger’s eyeglass case spotted in purse which turned out to contain meth pipe (meth in baggie was later found in jail search of clothes)… suppression properly denied… Dayton affirmed (IOR I-3(c)). [Read more…]