DUI: 61-8-403 reinstatement procedures prevail over Rule 12 responsive pleading requirements, State not required to respond to petition prior to hearing… acquittal of DUI not preclusive as to reinstatement… license properly suspended based on DUI indicia and reasonable grounds to believe Defendant had been driving [Read more…]
DUI, erratic driving, community caretaker
DUI: Suppression properly denied for particularized suspicion based on erratic driving… community caretaker (possible hydrant collision) not appropriate reason to deny suppression, application to citizen in peril or need of help underscored, should not typically require seizure… investigatory stop properly escalated into DUI [Read more…]
Sexual assault, evaluation/therapy condition
SEXUAL ASSAULT: Psychosexual evaluation proper for misdemeanor deferred imposition… Monforton/Salvagni affirmed. [Read more…]
PFMA, victim’s motive, battered woman expert
PFMA: Evidence to prove victim’s motive and impeach her properly limited… “battered woman” expert properly allowed to testify generally as to dynamics of abusive relationships and why abused person might not seek help, even though no recantation… conviction affirmed… Carson/H. Brown affirmed. [Read more…]
DUI, parking lot strike of unoccupied vehicle
DUI: Particularized suspicion to investigate parking lot strike of unoccupied vehicle, failure to leave note, motion to suppress properly denied… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]