PRO SE APPELLANT: No right on appeal to represent oneself… Order. [Read more…]
PFMA, prior altercations provide context for behavior
PFMA: Prior altercations properly admitted to provide context for Defendant’s pattern and reasons for partner’s reactions… Eddy affirmed. [Read more…]
DUI, blood draw nurse’s Zoom testimony from Greece
DUI: Blood draw nurse properly allowed to testify from Greece via Zoom… 6th DUI Defendant should be sentenced to DOC, not MSP, under 2019 statute … Ulbricht affirmed, reversed. [Read more…]
Mental commitment, waiver of presence at hearing
MENTAL COMMITMENT: Counsel’s waiver of presence at initial hearing due to dementia and hearing loss plain error, commitment reversed… Eddy reversed. [Read more…]
Jury waiver, oral representation by counsel insufficient
JURY WAIVER: Oral representation of counsel insufficient basis for waiver of jury… courthouse vandalism conviction reversed, remanded for new trial… Eddy reversed (memorandum). [Read more…]
Expungement of 2002 marijuana grow conviction denied
EXPUNGEMENT of 2002 marijuana grow conviction under I-190 properly denied because landlord had not granted permission for the grow… Ulbricht affirmed. [Read more…]
Child sex assault, 1991 false reporting conviction
CHILD SEXUAL ASSAULT: 1991 false reporting convictions properly admitted. . . evidence of Defendant’s ability to see properly admitted in light of non-specific objection and appearance at trial with cane and dark glasses . . . prosecution and jury costs improperly imposed without indigency finding. . . IT fees improperly charged on each of 3 counts. . . Lympus affirmed, reversed. [Read more…]
Sentencing, PFO, disputed prior felonies
SENTENCING: Drug sentence not PFO-enhanced by disputed number of prior felonies. . . jury costs improperly imposed on Defendant unable to pay. . . Eddy affirmed, reversed (IOR I-3(c)). [Read more…]
$581,353 restitution, vandalized abortion clinic
RESTITUTION: $581,353 properly awarded for losses stemming from vandalizing abortion clinic… $61,124 improperly awarded for “lost” SS before anticipated retirement… Lympus affirmed, reversed (IOR I-3(c)). [Read more…]
Speedy trial, traffic charges, 1,288 days
SPEEDY TRIAL claim by traffic Defendant who failed to appear until arrested years later rejected… presumption of prejudice from 1,288 days delay rejected, no actual prejudice from self-induced delay… Wilson/ Ortley affirmed. [Read more…]