DUI: “Existing circumstances” including report of near collision, vehicle and driver matching description, and driver appearing intoxicated outside camper trailer justified warrantless arrest per §46-6-311(1), license [Read more…]
Procedure/Brady/PFMA, appeal from JP court
PROCEDURE/BRADY/PFMA: Brady claims could have been reviewed in appeal from Justice Court PFMA trial despite lack of objection, but de novo review by Supreme Court finds no Brady violation… PFMA conviction affirmed… Watters affirmed (other grounds). [Read more…]
Revocation, Stiffarm retroactivity, sex assault
REVOCATION: Stiffarm prospective only, authority to revoke where petition filed prior to suspension period… revocation of sexual assault defendant proper over claim that violations not willful… new and [Read more…]
Sentencing, Defendant with mental problems
SENTENCING: Aggravated assault Defendant with mental problems properly sentenced to 1 year DOC, 19 years MSP, [Read more…]
Plea agreement, DOC commitment v. deferred
PLEA AGREEMENT not breached by Prosecutor recommending DOC commitment rather than deferred sentence for stalking [Read more…]
Sentencing, Defendant with mental problems
SENTENCING: Aggravated assault Defendant with mental problems properly sentenced to 1 year DOC, 19 years MSP, parole [Read more…]
Plea agreement, DOC commitment v. deferred
PLEA AGREEMENT not breached by Prosecutor recommending DOC commitment rather than deferred sentence for stalking [Read more…]
Sentencing, restitution, profits v. replacement
SENTENCING: Lost profits may be awarded as part of restitution, but amount of lost profits of cartridge casings improperly [Read more…]
Ineffective assistance, child sex offenses
INEFFECTIVE ASSISTANCE claims by child sex abuse Defendant properly rejected… Tucker affirmed. [Read more…]
Search & seizure, wife’s PO search, husband’s safe
SEARCH & SEIZURE: Defendant’s wife’s PO legally accessed open safe in bedroom, motion to suppress meth found in safe properly [Read more…]
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