PRO SE APPELLANT: No right on appeal to represent oneself… Order. [Read more…]
Deliberate homicide, felony murder, juror qualification
DELIBERATE HOMICIDE: Conviction affirmed over challenges to panelist qualification, limitations on cross of jailhouse informants, sufficiency of evidence to support felony murder, late-disclosed jailhouse letter… Halligan affirmed. [Read more…]
DUI, blood draw of unconscious motorcyclist
DUI: Sufficient probable cause for investigative subpoena to obtain blood of unconscious motorcyclist but Trooper instead properly asked hospital staff to preserve blood drawn earlier… Best affirmed. [Read more…]
DUI, 3rd-party report of “drunk driver”
DUI: Officer properly relied on 3rd-party reports to dispatch of “drunk driver” to administer field tests after observing bloodshot & glassy eyes, motion to suppress properly denied…. Kolar/Harris affirmed (memorandum). [Read more…]
DUI, officer’s lay opinion as to “actual physical control”
DUI: Officer properly allowed to give lay opinion testimony that intoxicated driver was in “actual physical control” of his vehicle parked at gas pump and therefore subject to arrest… Cuffe affirmed. [Read more…]
Rape/kidnap, facts underlying dismissed charges
RAPE/KIDNAP: Facts underlying dismissed charges properly considered in acceptance of Alford pleas and sentencing for kidnap of girlfriend… Seeley affirmed (memorandum). [Read more…]
Mental commitment, waiver of rights, involuntary meds
MENTAL COMMITMENT: Signed stipulation properly construed as valid waiver of rights but prior authorization to involuntary medicate improperly provided… Recht affirmed, reversed. [Read more…]
Deliberate homicide, group fistfight death
DELIBERATE HOMICIDE: Defendant accused of hatcheting to death a participant in what was supposed to be a group fistfight was not prejudiced by failure to give accomplice instruction… no prejudicial effect from Prosecutor’s opinions/vouching in light of entire evidence and cautionary instruction… prejudice not shown by panelists possibly seeing Defendant escorted by guards in restraints… conviction affirmed… Best affirmed (memorandum). [Read more…]
Right to be present at jury query
RIGHT TO BE PRESENT not violated by Judge answering jury query about witness statements that were not in evidence… Oldenburg affirmed (memorandum). [Read more…]
Sentencing, felony sex abuse v. misdemeanor recordation
SENTENCING: State’s petition for supervisory control challenging Deschamps’ sua sponte reduction at sentencing of plea-agreed felony sexual abuse of children to misdemeanor surreptitious recording denied without prejudice to its right to appeal the final judgment… order. [Read more…]
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