SPEEDY TRIAL: 630 days of pretrial incarceration due in part to outsourcing analysis of digital devices requires reversal of conviction of SIWC of minor and dismissal of the charge… Kutzman reversed. [Read more…]
Attempted homicide retrial, child rape comments
ATTEMPTED DELIBERATE HOMICIDE: Conviction affirmed following retrial at which Defendant’s comments about child sex abuse by Defendant were allowed as Rule 404(b) evidence in a diminished fashion from 1st trial… Seeley affirmed. [Read more…]
Restitution, burglar’s 8th challenge
RESTITUTION: Burglar’s 8th challenge to 2010 $92,564.58 restitution award (reduced to zero due to lack of evidence at recent hearing) rejected… Kutzman affirmed (memorandum). [Read more…]
Restitution, overpayment of Covid UI benefits
RESTITUTION for overpayment of Covid unemployment benefits improperly ordered without affidavit or testimony of loss… Cuffe reversed (memorandum). [Read more…]
Drugs, photos of vehicle leaving church vandalism
DRUGS: Photos of vehicle leaving church vandalism properly led to stop of suspect which ripened into drug investigation… Abbott affirmed (memorandum). [Read more…]
DUI, suspicion for stop and DUI investigation
DUI: Misdemeanor conviction affirmed over challenge to suspicion for stop and DUI investigation… McElyea affirmed (memorandum). [Read more…]
Incest of minor daughter, Rape Shield
INCEST: Conviction affirmed over challenge of exclusion of evidence under Rape Shield of alternative sources for minor daughter’s age-inappropriate sexual knowledge… Halligan affirmed. [Read more…]
Municipal Court speedy trial, good cause not shown
MUNICIPAL COURT SPEEDY TRIAL: Good cause not shown for City’s continuances that delayed misdemeanor DUI trial beyond 6-month deadline… Peterson/Menahan reversed. [Read more…]
Youth, sex abuse of children, District v. Youth Court
YOUTH: Sex abuse of children case properly maintained in District Court instead of transferring to Youth Court… Seeley affirmed. [Read more…]
Assault on officer, mental state at time of offense
ASSAULT ON OFFICER: Sentence improperly imposed without considering Defendant’s mental condition at the time of his offense… Allison reversed. [Read more…]
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