SENTENCING: Judge required to consider — not to grant — credit for “elapsed time” under 46-18-203(7)(b), denial of credit for probation/ISP affirmed… Larson affirmed (IOR I-3(d)). [Read more…]
Postconviction DNA, identity not at issue
OSTCONVICTION DNA TESTING not available where identity not significant issue, fact issues waived by guilty plea… Larson affirmed (IOR I-3(d)). [Read more…]
Judge substitution, youth/jp court trigger time
JUDGE SUBSTITUTION: “Initial appearance” of youth for triggering time to file for substitution of district judge is appearance to answer allegations, not department assignment (which is triggering date for State to file for substitution)… no right to substitute district judge in appeal on [Read more…]
Ineffective assistance, inadvertent statements
INEFFECTIVE ASSISTANCE: Defendant being tried for assault on officer not prejudiced by officers’ reference to un-charged DUI, claim of ineffective assistance for not seeking mistrial rejected… Townsend affirmed. [Read more…]
Sentencing, parole hold, time served credit
SENTENCING: Defendant on parole hold from attempted deliberate homicide conviction entitled to additional 513 days [Read more…]
Deliberate homicide, OPD co-defendants, Brady
DELIBERATE HOMICIDE: Conflict claims by OPD representing co-defendants to be analyzed case-by-case, no conflict in this case by attorneys from separate regions… extra-record [Read more…]
DUI, double-yellow centerline
DUI: Particularized suspicion for stopping driver who swerved toward and onto double-yellow centerline… license [Read more…]
Revocation, ineffective assistance
REVOCATION/INEFFECTIVE ASSISTANCE: Revocation proceeding following 72-hour hold & release not 2nd sanction/double jeopardy, lawyer not ineffective by failing to [Read more…]
Postconviction DNA, hit & run driver identity
POSTCONVICTION DNA: Hit & run driver identity was significant issue, but DNA testing of bloody envelope found on passenger side would not establish whether Defendant was the driver… (first impression, de novo review standard)… no [Read more…]
Youth, Pine Hills commitment
YOUTH: Youth may be committed to Pine Hills if he commits 4 misdemeanors within “12 months”… waived challenge to RN as proper evaluator… substantial evidence of danger to [Read more…]