DRUGS: Jury adequately instructed on “ultimate user” defense where Defendant crushed Oxycodone that was prescribed with instructions to take by mouth… possession conviction affirmed… Reynolds affirmed. [Read more…]
Postconviction, MRCivP “void judgment”
POSTCONVICTION: MRCivP not available to avoid postconviction bar under guise of “void judgment” in PFMA plea challenge… Gilbert affirmed (IOR I-3(c)). [Read more…]
Restitution, hardship
RESTITUTION: Remission of restitution for hardship properly denied… Allison affirmed (IOR I-3(c)). [Read more…]
Improper influence, criminal trespass
IMPROPER INFLUENCE/CRIMINAL TRESPASS: Lawyer not ineffective for failing to bring facial overbreadth challenge to improper influence statute… sufficient evidence that Defendant threatened officer with purpose to influence charging criminal trespass, but insufficient evidence to convict of trespass in store as unruly Defendant left upon being ordered to… prior confrontation with officer properly admitted… Pinski affirmed, reversed. [Read more…]
Justice Court, non-lawyer JP
JUSTICE COURT: Due process not violated by DUI trial before non-lawyer JP in court of record without trial de novo in District Court… Gilbert affirmed. [Read more…]
Investigatory stop, walking toward vacant house
INVESTIGATORY STOP: Officer had particularized suspicion to stop persons walking toward vacant house under suspicious circumstances, meth later found in patrol car properly not suppressed… Fagg affirmed. [Read more…]
DUI, JP BAC test suppression appealability
DUI: BAC suppression properly appealable to District Court… 6-months speedy trial rule not violated… Defendant properly allowed blood test because of distrust of Intoxilyzer… Larson affirmed (IOR I-3(c)). [Read more…]
Sentencing, non-binding plea agreement
SENTENCING: Because Judge not required to accept every recommendation of non-binding plea agreement, oral pronouncement and written judgment consistent in reflecting intent not to run new sentences concurrent with existing… Krueger affirmed (IOR I-3(c)). [Read more…]
Sentencing, excessive DOC commitment
SENTENCING: Endangerment sentence in excess of 5-year DOC commitment remanded for correction or resentencing… habeas granted…. order. [Read more…]
Intimidation, “not serious” bomb threat
INTIMIDATION: Conviction for “not serious” bomb threat affirmed… Townsend affirmed (IOR I-3(c)). [Read more…]
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