SENTENCING: Sex offender registration and other conditions improperly imposed on sex assault Defendant… Dayton reversed (order). [Read more…]
Double jeopardy, assault on minor, 1 v. 2 distinct injuries
DOUBLE JEOPARDY: Supervisory control of Wald denied as to refusal to dismiss assault on minor following acquittal on 1 count and hung jury on 1 count over Defendant’s argument that there was no proof of 2 distinct injuries… order. [Read more…]
Substitute counsel, not seemingly substantial complaints
SUBSTITUTE COUNSEL based on not seemingly substantial complaints properly denied without hearing… murder/attempted murder convictions affirmed… H. Brown affirmed. [Read more…]
Marital rape/sexual assault, panelist challenge
MARITAL RAPE/SEXUAL ASSAULT: Convictions of forced sex with incapacitated wife and sexual assault of stepdaughter affirmed over challenges to failure to remove panelist for cause and mental state and consent instructions… Wald affirmed. [Read more…]
Burglary, fence not accomplice for corroboration
BURGLARY: Fence was not an accomplice to burglars, his and other non-accomplice testimony sufficiently linked Defendant to burglaries… convictions affirmed… Christopher affirmed. [Read more…]
DUI, suppression following death of officer denied
DUI: Motion to suppress/dismiss following death of arresting officer properly denied without evidentiary hearing… John Brown affirmed (memorandum). [Read more…]
Aggravated burglary, high-speed flight 3 weeks later
AGGRAVATED BURGLARY: Evidence of high-speed chase flight from rehab facility properly allowed as evidence of consciousness of guilt for burglary offenses 3 weeks earlier… jury properly instructed on mens rea elements… convictions affirmed… McMahon affirmed. [Read more…]
Sentencing, ability to pay fines, costs, fees
SENTENCING: Fines, costs, fees improperly assessed without adequate consideration of ability to pay but reason for counsel’s failure to object not apparent from record, ineffective assistance claim more amenable to postconviction petition… drug convictions affirmed without prejudice to postconviction petition… Cuffe affirmed (memorandum). [Read more…]
SIWC, teens “Nervous Touch” game
SIWC BY YOUTH: Instruction to consider youth characteristics properly rejected as appropriate only for sentencing, not culpability… instruction on age of consent to support 14-year-old Defendant’s theory that 16-year-old alleged that she had withdrawn consent in game of “Nervous Touch” to avoid being charged herself properly rejected… sufficient evidence to convict Defendant of SIWC… Murnion affirmed. [Read more…]
Jury waiver, oral representation by counsel insufficient
JURY WAIVER: Oral representation of counsel insufficient basis for waiver of jury… courthouse vandalism conviction reversed, remanded for new trial… Eddy reversed (memorandum). [Read more…]
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