SENTENCING: Jury costs improperly imposed… counsel’s lack of objection to other costs not active acquiescence, costs of prosecution, officer overtime, public defender improperly imposed… Orzech/McLean reversed (IOR I-3(d)(v)). [Read more…]
Vehicular homicide under influence
VEHICULAR HOMICIDE UNDER INFLUENCE/ RESTITUTION: Jury properly instructed that Defendant must be both under the influence and criminally negligent… sufficient evidence beyond mere failure to yield to motorcycle in left turn… testimony satisfied restitution “affidavit” [Read more…]
Postconviction, “newly discovered” opinion
POSTCONVICTION: Published opinion of which Defendant was unaware not “newly discovered evidence” that would allow exception to 1-year statute… Deschamps affirmed (IOR I-3(d)). [Read more…]
Double jeopardy, federal revocation, meth
DOUBLE JEOPARDY: Federal revocation for meth possession not a “punishment” that would invoke double jeopardy as to State meth prosecution… McLean affirmed. [Read more…]
Revocation, “personality disordered” v. mental
REVOCATION: Sufficient evidence that “personality disordered” Defendant did not suffer mental disease… properly revoked, properly sentenced to MSP rather than alternative… McLean affirmed. [Read more…]