HARASSING CALLS to FBI’s Threat Center and Speaker of the House convictions affirmed… Watters affirmed (memorandum). [Read more…]
Firearms near school, lenity/scienter
FIREARMS NEAR SCHOOL conviction reversed based on lenity & scienter… Watters reversed. [Read more…]
Sentencing, McCoy claim as to counsel’s guilt concession
SENTENCING: McCoy claim that trial counsel conceded drug Defendant’s guilt on felon possessing firearm over his express objection improperly summarily dismissed… Watters reversed (memorandum). [Read more…]
Jury separation of 14 days, no mistrial
JURY SEPARATION of 14 days not prejudicial as to warrant mistrial… Watters affirmed (memorandum). [Read more…]
Brady claims, undisclosed impeachment evidence
BRADY claims relating to failure to disclose impeachment evidence rejected for failure to show prejudice… Watters affirmed (memorandum). [Read more…]
Jury, knowledge of meth Defendant’s criminal history
JURY: Juror who admitted knowledge of Defendant’s criminal history 2nd day of trial not grounds to overturn meth convictions… Christensen affirmed (memorandum). [Read more…]
Traffic stop, following close, spare tire with meth
TRAFFIC STOP for following too close properly ripened into search of vehicle including spare tire stuffed with meth… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
Traffic stop, pill bottles in door pocket
TRAFFIC STOP: Pill bottles in door pocket with information blacked out and driver’s decrepit appearance supported reasonable suspicion to extend expired registration stop… Watters affirmed (memorandum). [Read more…]
Drugs, search of probationer’s home
DRUGS: 4th Amendment not violated by search of probationer’s home where meth Defendant was staying… Watters affirmed (memorandum). [Read more…]
Anonymous 911 tip, drugs/firearm
ANONYMOUS 911 TIP which provided some uncorroborated historical information about alleged drug dealer who had previously been involved in a bar shooting, easily observable facts & conditions of the person at a bar, and zero predictive information insufficient for stop and search. . . money, drugs, firearm found in search of car suppressed as fruit of illegal search. . . Watters. [Read more…]