DELIBERATE HOMICIDE: Conviction of decapitation affirmed over speedy trial and prison video testimony challenges… Todd affirmed (memorandum). [Read more…]
Deliberate homicide, decapitation, speedy trial
DELIBERATE HOMICIDE: Conviction of decapitation affirmed over speedy trial and prison video testimony challenges… Todd affirmed (memorandum). [Read more…]
Felony murder, double homicides getaway driver
FELONY MURDER convictions of getaway driver in double homicides affirmed… restitution claimed by victim’s sister affirmed… Menahan affirmed (memorandum). [Read more…]
Youth, negligent homicide, Pine Hills placement
YOUTH charged with negligent homicide improperly committed to DOC for placement at Pine Hills… Harris reversed. [Read more…]
Negligent homicide, side-by-side motorcycle collision
NEGLIGENT HOMICIDE: Defendant in side-by-side motorcycle collision not denied fair trial by removal of pannier and denial of jury view of reattached pannier… Olson affirmed (memorandum). [Read more…]
Discrimination, state & federal claims, jury trial
DISCRIMINATION: Claimant asserting state and federal claims entitled to jury trial in State Court on federal claims… Dayton reversed. [Read more…]
Endangerment, purchasing half-gallon whiskey for teen
ENDANGERMENT: Judgment of acquittal properly denied because jury could have concluded that Defendant knew there was substantial risk in purchasing half-gallon of whiskey for 18-year-old who chugged it and was hospitalized and air-flighted with .584 BAC, but admission of 2002 endangerment conviction for purchasing alcohol for 15-year-olds resulting in death of one and serious injury to other insufficiently probative and overly prejudicial… conviction reversed, remanded for new trial… Dayton affirmed/reversed. [Read more…]
DUI, lawful arrest required for license suspension
DUI: Officer must lawfully arrest a person for DUI before requesting him to submit to a blood or breath test for purposes of a test refusal license suspension… Defendant was lawfully arrested based on anonymous 911 call coupled with officer’s observations… Townsend affirmed. [Read more…]
Deliberate homicide, warrantless no-knock entry
DELIBERATE HOMICIDE: Warrantless no-knock entry justified by exigent circumstances despite erroneous finding that officers knocked & announced… computers properly searched pursuant to warrant obtained 2 years after seizure… jury properly instructed on circumstantial evidence… convictions affirmed… Todd affirmed (other grounds). [Read more…]
Postconviction, time-bar under out-of-time appeal
POSTCONVICTION petition time-barred under either out-of-time or regular appeal times… claims of timely unreceived petition and newly discovered evidence rejected… Gustafson affirmed. [Read more…]
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