DOUBLE JEOPARDY not implicated by prosecution for aggravated assault after guilty plea to felony PFMA was vacated… Todd affirmed. [Read more…]
Double jeopardy, meth possessed for own use
DOUBLE JEOPARDY not violated by prosecution for meth possessed by Defendant for own use vis-à-vis federal distribution conviction… Langton affirmed. [Read more…]
Deliberate homicide, justifiable force
DELIBERATE HOMICIDE: Jury properly instructed on justifiable force… Prosecutor’s comments as to Defendant’s failure to tell police his self-defense theory not plain error, misstatement of justifiable force as requiring belief that Defendant’s life is in jeopardy not plain error… conviction affirmed… Newman affirmed. [Read more…]
City Court, court of record, non-lawyer judge
CITY COURT: Trials in court of record before non-lawyer judge not violative of due process, equal protection… Gilbert affirmed (IOR I-3(c)). [Read more…]
Plea withdrawal, 1991 homicides
PLEA WITHDRAWAL to 1991 homicides properly denied… Fagg affirmed (IOR I-3(c)). [Read more…]
Sentencing, drugs, alleged jail rape
SENTENCING: No showing that alleged jail rape was considered in drug sentence… Langton affirmed. [Read more…]
Sex abuse of children/sex assault, step-grandchild
SEX ABUSE OF CHILDREN/SEX ASSAULT convictions of step-grandfather affirmed over arguments that counsel should have been substituted, girl’s bisexuality should have been admitted for “context,” juror improperly replaced with alternate, more specific unanimity instruction should have been given… Spaulding affirmed. [Read more…]
DUI, “homeless” man sleeping in car, intent
DUI: “Homeless” man found sleeping in parked vehicle with engine running properly precluded from testifying that he did not intend to drive while under the influence… Bolstad/Pinski affirmed (IOR I-3(c)). [Read more…]
Witness statements, failure to produce
WITNESS STATEMENTS: Video interview of girlfriend who was struck by boyfriend’s van improperly withheld from Defense, improperly determined to be work product and exculpatory, remanded for determination of appropriate sanction… Haynes reversed. [Read more…]
Youth, aged-out sex offender transfer to DC
YOUTH: Sex offender properly transferred to District Court after turning 18 to complete treatment after being expelled from Pine Hills program, polygraph not relied on… Tucker affirmed. [Read more…]
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