FELONY MURDER: Substantive due process challenge of deliberate homicide by assault of infant not preserved for appeal, not reviewable under plain error, but prior opinion held that assault on minor can support felony murder… Macek affirmed (IOR I-3(d)). [Read more…]
Plea agreement, production years after conviction
PLEA AGREEMENT: Request for production of alleged plea agreements years after rape conviction, exhaustion of appeals, properly denied… Neill affirmed (IOR I-3(d)). [Read more…]
Deliberate homicide, lethal force to stop suicide
DELIBERATE HOMICIDE: Justifiable force in defense of another not applicable to only 2 people (to prevent suicide)… claimed error in rejecting “reverse 404(b)” mental/attempted suicide evidence not preserved for appeal… conviction affirmed… [Read more…]
Plea withdrawal, Goetz retroactivity
PLEA WITHDRAWAL: Goetz not applied to challenge wired drug informant where it issued after entry of plea (before [Read more…]
Deliberate homicide, interrogation room taping
DELIBERATE HOMICIDE: Exculpatory evidence not denied by test destruction of 2 hairs found on body… jury could properly infer that knife missing from kitchen was murder weapon… [Read more…]