DELIBERATE HOMICIDE conviction affirmed over challenge to denial of lesser-included mitigated deliberate and handling of juror queries… Oldenburg affirmed. [Read more…]
Postconviction, child sex abuse, disbarred attorney
POSTCONVICTION relief for alleged ineffective assistance of child sex abuse Defendant’s subsequently disbarred attorney properly denied… Murnion affirmed. [Read more…]
Attempted deliberate homicide, justifiable force claim
ATTEMPTED DELIBERATE HOMICIDE: Defendant properly required to admit that he acted purposely & knowingly to assert justifiable force… Defendant’s back-shot expert properly excluded… Deschamps affirmed. [Read more…]
DUI, panelist’s neutrality doubts due to alcoholic family
DUI: No error in refusing to strike panelist who doubted ability to remain neutral due to growing up in alcoholic family… Oldenburg affirmed (memorandum). [Read more…]
Joint counsel, husband/wife marijuana defendants
JOINT COUNSEL: Supervisory control of Berger to remove husband & wife medical marijuana Defendants’ joint counsel denied… order. [Read more…]
Water, disputed point of diversion
WATER: Location of disputed point of diversion properly resolved in favor of claimants… Russ McElyea affirmed. [Read more…]
Seizure, reaching in truck window to grab meth
SEIZURE: Officer had right to reach into truck window to grab bag of meth that dropped from visor during traffic stop… Langton affirmed. [Read more…]
Pain prescriptions, distribution, negligent homicide
PAIN PRESCRIPTIONS: Doctor properly convicted of criminal drug distribution as to 11 patients and criminal endangerment as to 9 patients, wrongly convicted of negligent homicide for overdose deaths of 2 patients… Langton affirmed, reversed. [Read more…]
DUI, officer’s chat with Defendant re tire deflation
DUI/DRUGS: Officer’s chat with Defendant on way to investigate allegation that he deflated ex-wife’s tires properly escalated into DUI investigation and subsequent DUI and pill charges… Langton affirmed (IOR I-3(c)). [Read more…]
Double jeopardy, meth possessed for own use
DOUBLE JEOPARDY not violated by prosecution for meth possessed by Defendant for own use vis-à-vis federal distribution conviction… Langton affirmed. [Read more…]