DRUGS: Traffic stop properly expanded to drug investigation and discovery of meth but State was improperly allowed to offer rebuttal evidence of prior drug sales to counter Defendant’s claim that she only used drugs… possession with intent to distribute conviction reversed, remanded for new trial… Lint affirmed, reversed. [Read more…]
Drugs, rehearing denied in speeding stop suppression case
DRUGS: Rehearing denied in speeding stop suppression case… Order. [Read more…]
Drugs, no suspicion but driver agreed to answer questions
DRUGS: Inquisitive Officer lacked suspicion but did not violate Defendant’s rights when she agreed to answer questions after conclusion of speeding stop and consented to search of vehicle, suppression of drugs properly denied… Recht affirmed. [Read more…]
Assault on officer, no 512 days speedy trial violation
ASSAULT ON OFFICER: Speedy trial right not violated by 511 days delay, most of which was caused by fitness evaluation… no error in instructing on resisting arrest when Defendant was not charged with resisting… first-aggressor instruction properly given on justifiable force… conviction affirmed… Allison affirmed. [Read more…]
Tampering with blood evidence
TAMPERING: Jury erroneously instructed to convict based on “knowingly” rather than “purposely” tampering with blood evidence but error was harmless… Kutzman affirmed. [Read more…]
DUI, blood warrant for 1st DUI
DUI: §61-8-1016(4)(a) does not preclude a blood warrant when a 1st-time DUI suspect refuses to submit to testing under the implied consent statute… Ray/Lint affirmed. [Read more…]
Restitution, $17,470.36 for damage to old truck
RESTITUTION: Full $17,470.36 awarded for damage to old truck and missing hunting gear over Defendant’s claim that truck was damaged before theft… Fehr affirmed. [Read more…]
Rape, no prejudice from wrong definition of “knowingly”
RAPE: Defendant was not prejudiced by wrong definition of “knowingly,” ineffective claim fails… Marks affirmed (memorandum). [Read more…]
Sex offender designation, evaluator v. Judge discretion
SEX OFFENDER DESIGNATION: Judge properly went beyond sex evaluator’s recommendation of tier 1 to designate child rape Defendant tier 2… Parker affirmed. [Read more…]
Impersonation of public servant, Marshall’s badge
IMPERSONATION OF PUBLIC SERVANT: Conviction of falsely impersonating a US Marshall to induce stripper to rely on that pretense affirmed… no-contact condition improperly imposed on unsuspended sentence… Krueger affirmed, reversed (memorandum). [Read more…]