APPEARANCE DELAY: No unnecessary delay between arrest and initial appearance of DUI Defendant… Dayton affirmed (IOR I-3(d)). [Read more…]
Sex treatment, SB 547 DOC residential program
SEX TREATMENT: Defendant not entitled to benefit of SB 547 because of kidnap conviction, DOC residential program not yet established, DOC discretion… habeas denied (Dayton affirmed)… opinion & order. [Read more…]
Double jeopardy, statutory rape, exploitation
DOUBLE JEOPARDY: State statutory rape improperly charged on top of federal exploitation and child pornography convictions involving same victim and conduct… Todd affirmed. [Read more…]
Sexual assault, Schwarz minor consent to search
SEXUAL ASSAULT: Schwarz rule that children under 16 lack authority to consent to warrantless searches did not make exception for child victims… pajamas, bedding seized from minor’s room properly suppressed, underwear she was wearing at time of alleged assault [Read more…]
Aggravated assault, “purposely,” justifiable force
AGGRAVATED ASSAULT: No danger of erroneous application of “purposely” in instruction as to injury from screwdriver held by Defendant who claimed justifiable force… conviction affirmed… Prezeau affirmed. [Read more…]
DUI, “view with distrust,” failure to video
DUI: No reason to view with distrust officer’s failure to video running of red light, officer’s testimony sufficient to establish particularized suspicion… “viewed with distrust” cases not extended to traffic stop, cases mooted by HB 534 (2009) requirement to record interrogations in felony cases… Simonton affirmed. [Read more…]
DUI, incapable of refusing BAC test
DUI: Officer reasonably believed accident victim incapable of refusing to have blood drawn at hospital… officer’s paramedic expertise not necessary… not necessary for investigation report to qualify as “expert” report… Fagg affirmed. [Read more…]
Incest, juror disqualification, other incest
INCEST: Panelist properly not excused for cause, Judge’s questioning was clarification, not improper rehabilitation … notice of other acts of incest properly relied primarily on transaction rule and alternatively on Just as matter of caution… 4 incest life sentences improperly imposed [Read more…]
Incest, common law marriage, refusal to admit
INCEST: Sufficient evidence of common law marriage to support incest of “stepdaughter”… objection to undisclosed testimony untimely, waived… no parole until sex treatment within sentencing authority… limited contact with victim and her family reasonable probation condition, [Read more…]
DUI/youth, counsel waiver without parent consent
DUI/YOUTH: City Judge’s records provide evidence that youth waived right to counsel in predicate DUI… counsel properly waived without parent consent since YCA not applicable to DUI… felony DUI properly not reduced to misdemeanor… Honzel affirmed. [Read more…]