INEFFECTIVE ASSISTANCE claims by mitigated deliberate homicide Defendant properly denied without hearing… Townsend affirmed (IOR I-3(c)). [Read more…]
Postconviction, plea withdrawal, parole limitation
POSTCONVICTION request for plea withdrawal based on no parole for 25 years for incest properly denied… Deschamps affirmed (IOR I-3(d)). [Read more…]
Revocation, hold time
REVOCATION: Probation hold lasted hours, not 26 days, as Defendant was detained on both probation violation and new felony, no violation of 10-day hold statute… McLean affirmed (IOR I-3(d)). [Read more…]
Sentencing, child custody burden statement
SENTENCING: Custody burden statement in sentence of mother for assault of infant could have unintended impact on future civil custody proceeding, stricken… $1,060 fines/fees within discretion, claim that ability to pay not inquired into [Read more…]
Order of protection, mens rea
ORDER OF PROTECTION: Sufficient evidence to support conviction under State’s mens rea instructions, failure to object or propose alternatives not ineffective assistance… 3rd-offense conviction affirmed… McLean affirmed (IOR I-3(d)(v)). [Read more…]
DUI, separate implied consent breath tests
DUI: Separate implied consent breath tests not unreasonable search & seizure… McLean affirmed. [Read more…]
Marital, false sex abuse accusations, interference
MARITAL: Supervisory control of Larson, Deschamps, GAL, CFS, psychologists, Board of Psychology denied in civil and criminal custody cases in which girls confessed to falsely accusing father of sexual abuse at urging of mother, and [Read more…]
Aggravated assault, injury of infant v. accident
AGGRAVATED ASSAULT: Sufficient circumstantial evidence that Defendant purposely injured infant as opposed to “accident”… dismissal properly denied… McLean affirmed. [Read more…]