DELIBERATE HOMICIDE: State’s alternative theory of accountability by phantom shooter submitted to jury without sufficient evidence… verdict form did not allow jury to declare guilt or innocence regarding each of the charged offenses or theories of liability… errors not harmless, reversed and remanded for new trial… Christopher reversed. [Read more…]
Judge disqualification, judge v. female lawyers
JUDGE DISQUALIFICATION: Disqualification of Dayton denied for lack of support for accusations including bias against female lawyers… order. [Read more…]
Strangulation, shoving meth into mouth, transaction
STRANGULATION: Evidence that Defendant “shoved meth” into partner’s mouth after strangling her properly admitted under transaction rule… McMahon affirmed (memorandum). [Read more…]
Solicitation of SIWC/Sexual Abuse of Children
SOLICITATION OF SIWC/SEXUAL ABUSE OF CHILDREN: Sexual abuse conviction reversed due to improper result-based instruction of “knowingly” in relation to sexual pictures of child on Defendant’s phone allegedly taken by child… result-based instruction properly applied to solicitation… Seeley affirmed, reversed (memorandum). [Read more…]
Child sex abuse, testimony v. forensic interview
CHILD SEX ABUSE: Why Defense Counsel allowed child’s prior consistent statements from forensic interview into evidence without challenge not fully apparent from record, not reviewable on direct appeal… conviction affirmed… Reynolds affirmed. [Read more…]
Revocation, child pornography v. artistic
REVOCATION: Sufficient evidence that Defendant committed “non-compliance” violation not subject to MIIG by engaging in a new offense (conviction not required) by having child pornography on phone… Judge properly concluded that photos were pornographic as opposed to artistic based on Detective’s description and testimony… Larson affirmed. [Read more…]
Aggravated DUI, bifurcation of prior DUIs
AGGRAVATED DUI: Prior DUIs should be admitted only after jury determines guilt of “standard” DUI… remanded for new trial… Swingley/McMahon reversed. [Read more…]
DUI, arrest in home at night
DUI: Arrest in home at night violative of §3-10-115(1) and 4th Amendment, all subsequent evidence including BAC tests suppressed, but dismissal up to State… State subsequently moved to dismiss which JP granted… Reynolds. [Read more…]
Rape, post-trial victim statements
RAPE: Untimely motion for new trial based on woman’s impost-trial statements that she remembered urinating on herself and could not feel below waist contradicting trial testimony that fluid was vaginal should have been granted because of reasonable probability of different outcome of trial of alleged digital massage rape, not left to postconviction consideration… Dayton reversed. [Read more…]