KIDNAP/INTERSTATE SEX ABUSE convictions affirmed… Watters affirmed. [Read more…]
Kidnap of Indian, excited utterance hearsay exception
INDIAN KIDNAP conviction affirmed over excited utterance hearsay exception challenge… Watters affirmed (memorandum). [Read more…]
Hate crime, shooting to rid town of “lesbians and queers”
HATE CRIME: Conviction of hate crime for shooting at house in furtherance of “mission” to “rid” town of “lesbians and queers” affirmed… Morris affirmed. [Read more…]
Drugs, RV on property reported as parolee’s address
DRUGS: Parole officers had reasonable suspicion that Defendant controlled RV on property which he reported as his residence (regardless of whether it is a dwelling or a vehicle)… Morris affirmed (memorandum). [Read more…]
Traffic stop, rental vehicle in drug corridor, meth
TRAFFIC STOP: (Stop of rental vehicle in drug corridor not unreasonably prolonged, suppression of meth properly denied… Christensen affirmed (memorandum). [Read more…]
Sex abuse of child, convictions affirmed
SEX ABUSE OF CHILD convictions affirmed… Morris affirmed (memorandum). [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…]
Drugs, “fair probability” that evidence would be found
DRUGS: Affidavit facts sufficient to establish “fair probability” that evidence of crime would be found at suspicious residence, motion to suppress meth properly denied… Watters affirmed (memorandum). [Read more…]
Child pornography, Instagram CyberTips
CHILD PORNOGRAPHY: Conviction stemming from Instagram CyberTips affirmed… Christensen affirmed (memorandum). [Read more…]
Protective search, shotgun next to driver
PROTECTIVE SEARCH reasonable when officer saw subject of noise complaint at 2 a.m. sitting in vehicle with shotgun next to him… unloading the gun before allowing Defendant to return to his car evolved into sawed-off shotgun charge… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
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