PLEA WITHDRAWAL properly denied despite counsel’s concession that advice as to PFO potential was erroneous… Townsend affirmed. [Read more…]
Jury, impartiality uncertainty, incest
JURY: Prospective juror who initially indicated uncertainty as to impartiality in incest trial properly not excused for cause… McLean affirmed (IOR I-3(d). [Read more…]
Aggravated assault, justifiable force disclosure
AGGRAVATED ASSAULT: 45-3-112 does not impose any new/independent duty for law enforcement to investigate cases involving justifiable force… McLean affirmed. [Read more…]
Substitute JP, conflicting trials, procedure
SUBSTITUTE JP: Regardless of whether JP was “absent” due to conflicting trials, statutory procedures not followed in calling in retired district judge as substitute… supervisory control of Orzech accepted, MIP trial conducted by Harkin void ab initio… opinion & order. [Read more…]
DUI, JP waiver form, 16-year-old, right to attorney
DUI: JP waiver form made clear that 16-year-old had right to attorney and he signed below affirmation that he did not want attorney, form clarified rather than made contradictory by JP crossing out inapplicable statements that attorney would be [Read more…]
DUI, 4th-offense predicates, equal protection
DUI: “DUI (3rd)” amended to “DUI (2nd)” properly counted as 3rd DUI for 4th-offense purposes… felony statute, progressive DUI penalties not violative of equal protection… Deschamps affirmed. [Read more…]
Assault with weapon (vehicle)/DUI, assistance
ASSAULT WITH WEAPON/DUI: Ineffective assistance claim rejected… vehicular assault Defendant’s father properly allowed to read from transcript of jail conversation between Defendant and father… McLean affirmed (IOR I-3(d)). [Read more…]
Jury, bias, removal for cause
JURY: Questioned panelist did not reveal actual bias, properly not removed for cause… Deschamps affirmed (IOR I-3(d)).
Jesus Lopez was charged with 2 counts of assault on an officer, criminal [Read more…]