JURY/SEARCH & SEIZURE/ACCOMPLICE: Persistently pro-conviction panelist should have been dismissed for cause, use [Read more…]
Burglary/attempted rape/sentencing, PFO
BURGLARY/ATTEMPTED RAPE/SENTENCING: Sentences based on PFO replace sentence for underlying felony, PFO may be sentenced to maximum on each charge, Gaither overruled, Defendant properly sentenced to both life for attempted rape and 100 years as PFO for burglary… sufficient evidence of [Read more…]
Rape/sexual assault, masseur finger, no rape exam
RAPE/SEXUAL ASSAULT: Failure to do rape exam of massage client who claimed digital penetration not amenable to plain-error review… claim of ineffective assistance for not moving to dismiss or reduce charges based on lack of exam more suited for postconviction… mistrial not warranted by brief [Read more…]