DUI: Particularized suspicion to stop car in wrong lane on gravel road… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing/revocation, credit card restitution
SENTENCING/REVOCATION: Revocation proper for failure to pay restitution to DOC for disbursement to credit cards or check that they had been paid… untimely challenge of restitution condition of original sentence… jail time improperly imposed because original suspended [Read more…]
Mental commitment, in absentia video-conference
MENTAL COMMITMENT: Person properly removed from video-conferencing area after becoming disruptive, counsel not ineffective for allowing removal… involuntary medication supported by implied findings… commitment affirmed… McKinnon affirmed (IOR I-3(d)(v). [Read more…]
Deliberate homicide, destroyed interview notes
DELIBERATE HOMICIDE: Due process not violated by detective’s destruction of interview notes, failure to record… dismissal properly denied based on alleged failure to provide discovery… jailhouse witnesses properly allowed month before trial… “reverse 404(b) [Read more…]
Judicial disqualification, AG turned Chief Justice
JUDICIAL DISQUALIFICATION: Chief Justice not required to disqualify merely because name as AG appears on State’s answer brief, but will do so where he approved filing of appeal by State… opinion/order. [Read more…]
Aggravated assault, photos, victim’s pornography
AGGRAVATED ASSAULT: Photos of victim properly admitted to show serious injury… evidence of victim’s pornography to show justifiable force properly excluded… instruction on misdemeanor assault as lesser-included properly denied… Rice affirmed. [Read more…]
Aggravated assault, injury of infant v. accident
AGGRAVATED ASSAULT: Sufficient circumstantial evidence that Defendant purposely injured infant as opposed to “accident”… dismissal properly denied… McLean affirmed. [Read more…]
Search/seizure, child porn/slander letter informants
SEARCH & SEIZURE: Warrant to look for child pornography/slander letters supported by citizen informants, corroboration that suspect was registered sex offender and that one informant had helped distribute a slander letter… no abuse of discretion in no suppression hearing since application challenged on 4-corners and no showing of false statement, [Read more…]
Speedy trial/assistance/prosecutor conduct
SPEEDY TRIAL/INEFFECTIVE ASSISTANCE/ PROSECUTORIAL MISCONDUCT: Speedy trial claim properly denied (308 of 507 days attributed to Defendant’s continuances, analysis despite waiver since trial not held as re-set)… no error in not holding effective assistance [Read more…]
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