SENTENCING: Defendant waived right to appeal $2,731.17 restitution for bad checks despite “$00.00” in plea agreement… Deschamps affirmed (IOR I-3(c)). [Read more…]
SVOR, knowing failure to register
SVOR: Sufficient evidence that Defendant knowingly failed to register proper address, no prejudice by circumstantial instruction… Townsend affirmed (IOR I-3(c)). [Read more…]
DUI, erratic driving
DUI: Particularized suspicion for stop properly found based on testimony/video of erratic driving… Townsend affirmed (IOR I-3(d)). [Read more…]
Theft/arson accountability, “mere presence”
THEFT/ARSON ACCOUNTABILITY: Failure to offer “mere presence” instruction to bolster theory that Defendant did not participate in crime constituted ineffective assistance warranting new trial… prosecutorial misconduct to urge jurors to rely on hearts, souls, centers, essences… Deschamps reversed. [Read more…]
Sentencing, SRD-enhanced no parole credit
SENTENCING: Challenge of SRD-enhanced sentence that precluded good time toward parole untimely when construed as postconviction petition, may be more appropriate by habeas… Townsend affirmed (IOR I-3(d)(v)). [Read more…]
Double jeopardy, appeal to district court
DOUBLE JEOPARDY not implicated in appeal to district court for trial de novo following conviction in justice court that is not of record… Deschamps affirmed (IOR I-3(d)). [Read more…]
Prosecutorial misconduct, “vouching”
PROSECUTORIAL MISCONDUCT: Plain error review of vouching claims denied… assault on officer conviction affirmed… McLean affirmed. [Read more…]