PLEA AGREEMENT: Plain error review of claim of inadequate advisement that guilty plea would result in deportation declined… McElyea affirmed. [Read more…]
Voluntary absence from felony trial
ABSENCE FROM TRIAL: Defendant’s voluntary absence from felony drugs trial did not require a due diligence inquiry, properly convicted in absentia… Owen affirmed. [Read more…]
SIWC of minor, evidence of penetration of 4-year-old
SIWC OF MINOR: Conviction affirmed over challenge to knowingly and mens rea instructions relating to age and intoxication… Whelan affirmed. [Read more…]
Sexual assault/SIWC, Undersheriff on jury, joinder
SEXUAL ASSAULT/SIWC conviction involving minor adopted daughter affirmed over challenge to Undersheriff on jury and joinder of earlier charge… Moses affirmed. [Read more…]
Youth sex offender registration, community safety
YOUTH SEX OFFENDER REGISTRATION properly imposed for community safety… Deschamps affirmed. [Read more…]
Multiple convictions, mischief, attempted burglary
MULTIPLE CONVICTIONS violated by separate conviction for criminal mischief underlying attempted burglary… Seeley reversed (memorandum). [Read more…]
Rape/sexual assault, jury access to drawings anatomical
RAPE/SEXUAL ASSAULT convictions relating to touching 6-year-olds affirmed over objection to unrestricted jury access to their drawings… Abbott affirmed. [Read more…]
Burglary, “disorderly conduct” predicate
BURGLARY: Insufficient evidence to support conviction of burglary with predicate “disorderly conduct” calling girlfriend vulgar names in her house… Seeley reversed. [Read more…]
DUI, disputed erratic driving, influence of THC
DUI: Disputed erratic driving supported by Officer’s testimony and dash cam video, provided particularized suspicion for stop… driving under influence of THC affirmed… Fehr affirmed. [Read more…]
Rape, multiple sex acts charged separately
RAPE: Multiple sex acts properly charged separately… Moses affirmed. [Read more…]