PLEA AGREEMENT breached when Prosecutor recommended additional parole restriction for sex abuse of children… Rieger reversed. [Read more…]
Assault on officer, sua sponte ineffective assistance
ASSAULT ON OFFICER: Sua sponte finding of ineffective assistance without opportunity to be heard requires a new trial before a different judge… Wilson reversed (memorandum). [Read more…]
Double jeopardy, deliberate homicide retrial on remand
DOUBLE JEOPARDY not violated by prosecution for deliberate homicide by direct liability following reversal of conviction for erroneous submission of accountability theory… Mercer affirmed on petition by Defendant for supervisory control. [Read more…]
Rape, sex with intoxicated person
RAPE: Failure to interview and call potential witness who observed injuries on Defendant not prejudicial in light of overwhelming evidence supporting conviction of sex with intoxicated person… order granting postconviction relief reversed… McElyea reversed. [Read more…]
Assault on officer, mental impairment minimum
ASSAULT ON OFFICER: Mandatory minimum for mental impairment properly found inapplicable due to intoxication but Defendant improperly denied opportunity to withdraw plea following 2nd rejection of agreement… Recht affirmed, reversed. [Read more…]
Deliberate homicide, defense of others
DELIBERATE HOMICIDE: Conviction affirmed over claim of failure to instruct on defense of others… Halligan affirmed (memorandum). [Read more…]
Escape conspiracy, God’s war plan for homicide lifer
ESCAPE CONSPIRACY conviction affirmed over claim that God revealed plan so homicide lifer could receive spiritual atonement by fighting for ethic Russians in Ukraine… Dayton affirmed. [Read more…]
Sentencing, sua sponte denial of sex abuse of children
SENTENCING: Judge lacked authority to sua sponte dismiss felony sexual abuse of children to which Defendant had pled guilty and amend or re-charge it to misdemeanor surreptitious recording… Deschamps reversed. [Read more…]
Attempted deliberate homicide, justifiable force claim
ATTEMPTED DELIBERATE HOMICIDE: Defendant properly required to admit that he acted purposely & knowingly to assert justifiable force… Defendant’s back-shot expert properly excluded… Deschamps affirmed. [Read more…]
Habeas, improperly dismissed sua sponte
HABEAS petition improperly dismissed sua sponte without notice of intent to dismiss despite deliberate homicide Petitioner’s acknowledgment of 20-year delay… Watters reversed. [Read more…]
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