JURY SELECTION: Supervisory control of Eddy to strike panel for failure of Clerk to follow up with prospective jurors who failed to respond to Jury Notice denied as moot… order. [Read more…]
Postconviction, “miscarriage of justice” exception to time
POSTCONVICTION: “Miscarriage of justice” exception to timeliness not extended to Defendant who pled guilty to shooting wife but has no idea why he did it… Ulbricht affirmed (memorandum). [Read more…]
Rape, “compelled” testimony from 1st trial
RAPE: “Compelled” testimony from 1st trial on same charge properly admitted at 2nd trial… Allison affirmed. [Read more…]
Sex abuse of children, Craigslist entrapment
SEX ABUSE OF CHILDREN: Person responding to Craigslist sting seeking legal encounter was diverted by “chatter” into seeking under-age encounter, charge dismissed based on entrapment… Allison. [Read more…]
Rape/sexual assault, Defendant’s private sex life
RAPE/SEXUAL ASSAULT: Delving into Defendant’s private sex habits in “not overwhelmingly strong” case of alleged touching of 9-year-old improperly allowed over State’s position that door was opened by counsel’s opening remarks about active sex life with [Read more…]
Rape, new trial, prior molestation charge/acquittal
RAPE: New trial should have been granted for use of newspaper article about prior molestation charge (of which Defendant was acquitted) to insinuate that Defendant was child molester and therefore more likely to have assaulted alleged victim rather than merely explain how article prompted her to come forward after 4 years… Stadler reversed. [Read more…]
Endangerment/assault, double jeopardy, prison
ENDANGERMENT/ASSAULT: Double jeopardy not implicated by endangerment and lesser-included assault convictions… criteria for prison alternatives addressed, so not ineffective assistance to not formally invoke statute… Lympus affirmed. [Read more…]
Theft/burglary, accountability instruction
THEFT/BURGLARY: Jury properly instructed on accountability even though accountability not charged, Tower reaffirmed… no ineffective assistance in offering result-based instruction as Defendant could have been convicted under either result or [Read more…]
Criminal endangerment, sex treatment, withdrawal
CRIMINAL ENDANGERMENT: Plea withdrawal properly denied… endangerment elements satisfied… ineffective assistance claim of failure to advise of sex treatment recommendation properly [Read more…]
Sex offender registration, relief, incest
SEX OFFENDER REGISTRATION: Relief properly denied based on continued threat to public safety in light of horrific abuse perpetrated on young daughter and her fears as to his petition… life registration could have been imposed had continuing/violent course been charged rather than only 1 incident of incest… [Read more…]