INCEST: Evidence of subsequent sexual abuse of child by foster brother after being removed from Defendant father properly excluded under Rape Shield Law… McLean affirmed (IOR I-3(d)). [Read more…]
Postconviction, out-of-time petition, new evidence
POSTCONVICTION: Out-of-time petition properly rejected for failure to proffer new evidence that sexual assault Defendant may have been incompetent or unfit at time of 2001 plea… Townsend affirmed (IOR I-3(d)). [Read more…]
Postconviction, new evidence, incompetence
POSTCONVICTION: Out-of-time petition properly rejected for failure to proffer new evidence that sexual assault Defendant may have been incompetent or unfit at time of 2001 plea… Townsend affirmed (IOR I-3(d)). [Read more…]
Sentencing, oral/written, parole eligibility
SENTENCING: Written judgment properly amended to conform to Judge’s intent in oral pronouncement as to parole eligibility [Read more…]
DUI, car in ditch, credit against fine
DUI: Facts surrounding car in ditch symptoms of intoxication providing probable cause for arrest despite no field tests… [Read more…]
Plea withdrawal/sentencing, statutory rape
PLEA WITHDRAWAL/SENTENCING: No objective proof that statutory rape Defendant assured at time of plea agreement of receiving low risk designation, plea withdrawal properly denied… “however slightly” standard for voluntariness of pleas (again) disapproved… supervised [Read more…]
Plea withdrawal, Alford, postconviction withdrawal
PLEA WITHDRAWAL: Alford plea to felony robbery entered voluntarily, Defendant not allowed to withdraw it in postconviction proceeding… Harkin affirmed. [Read more…]
Rape, judicial notice of prior rape trial
RAPE: Judicial notice of officers’ testimony in prior rape trial acquittal properly refused as irrelevant… late-disclosed evidence that alleged victim was drinking a week earlier not exculpatory or of impeachment value… sufficient evidence for Judge to convict… Larson affirmed. [Read more…]