DUI: Conviction of Defendant found exiting stuck motor home affirmed… Berger affirmed (memorandum). [Read more…]
Mental commitment, waiver of jury, suicidal ideations
MENTAL COMMITMENT: Person waived jury based on representations by attorney… commitment warranted by suicidal ideations… Snipes-Ruiz affirmed (memorandum). [Read more…]
Criminal mischief, obstreperous jail behavior
CRIMINAL MISCHIEF: Conviction relating to obstreperous behavior at the jail resulting in flooding from fire sprinkler affirmed over challenges to exclusion of medical expert as to heart condition proffered in support of compulsion defense, prosecutorial misconduct, outrageous conduct in attempting to remove rings used to trigger sprinkler… Hayworth affirmed (memorandum). [Read more…]
Assault on officer/DUI, 911 statement of intoxication
ASSAULT ON OFFICER/DUI: 911 caller’s statement that Defendant was “intoxicated” and “gonna be driving under the influence” improperly included in recording of call played to jury, but was harmless error as there was ample other evidence that Defendant was intoxicated during encounter with officer… judgment imposing “Audit Hearing” condition stricken as conflicting with oral pronouncement… Lint affirmed, reversed. [Read more…]
Probable cause determination
PROBABLE CAUSE DETERMINATION: Incarcerated burglary Defendant not prejudiced by 13-day delay between initial appearance and when District Court granted State’s motion for leave to file information… PSI and prosecution fees improperly imposed in judgment when not in pronouncement… Berger affirmed, reversed. [Read more…]
DUI, RADAR sign showing 36 in 25 zone
DUI: RADAR sign showing 36 in a 25 zone properly utilized to confirm officer’s speed estimate, does not constitute a prohibited automated traffic enforcement device, resulting DUI investigation likewise reasonable, suppression of evidence properly denied… speedy trial right not violated by 742 days between arraignment and final trial date… Peterson/Seeley affirmed. [Read more…]
License suspension, motorcyclist “serious bodily injury”
LICENSE SUSPENSION: Trooper had probable cause to believe that motorcyclist had “serious bodily injury” providing basis to request blood test… statement that “I don’t want that” properly construed as withdrawing initial consent for test… license suspension properly upheld… Grubich affirmed. [Read more…]