SEXUAL ABUSE OF CHILDREN: Watching teen stepdaugher in stages of undress sufficient for conviction under pornography statute… conviction improperly reversed, remanded for reinstatement… Menahan reversed. [Read more…]
Allocution, sex offender
ALLOCUTION: Sex offender was able to address the Court prior to a final disposition despite initial disposition without allocution… Menahan affirmed (memorandum). [Read more…]
Plea agreement, failure to preserve speedy trial
PLEA AGREEMENT: DUI Defendant failed to preserve denial of his motion to dismiss for lack of speedy trial… Berger affirmed. [Read more…]
Sentencing, MSP sex treatment waitlist delay
SENTENCING: Incest Defendant’s request to transfer to residential sex treatment after 10 years of waiting for enrollment in MSP’s Phase II treatment properly denied… Kutzman affirmed. [Read more…]
Restitution, lost wages caring for assaulted wife
RESTITUTION: $35,000 properly awarded to husband for claimed lost wages caring for wife who was injured in an assault, in addition to $9,450.50 to deceased victim’s Estate… Harada affirmed (memorandum). [Read more…]
Deliberate homicide, alternative accountability theory
DELIBERATE HOMICIDE: State’s alternative theory of accountability by phantom shooter submitted to jury without sufficient evidence… verdict form did not allow jury to declare guilt or innocence regarding each of the charged offenses or theories of liability… errors not harmless, reversed and remanded for new trial… Christopher reversed. [Read more…]
Sentencing, treatment court requirement
SENTENCING: Treatment court improperly imposed as part of possession sentence (rather than just recommendation)… properly imposed as condition of suspended tampering sentence… misdemeanor sentences exceeded statutory maximum… Rieger reversed, affirmed. [Read more…]
Revocation, failure to follow MIIG procedure
REVOCATION: Alleged failure to follow MIIG intervention procedure not preserved for appeal… Ruiz affirmed (memorandum). [Read more…]
Drugs, non-sequitur disclosure of possible warrant
DRUGS: Suppression of meth found in vagina properly rejected over challenge to non-sequitur disclosure of possible warrant for failure to appear on speeding charge… Halligan affirmed. [Read more…]
Drugs, welfare check expanded to meth discovery
DRUGS: Welfare check properly expanded into investigatory stop and discovery of meth… Larson affirmed. [Read more…]
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