MURDER: Defendant improperly precluded from developing theory of victim’s brother’s motive stemming from victim’s [Read more…]
Sentencing, range error, mitigation
SENTENCING: Statement that range was 41-52 months for cocaine charge when correct range was 41-51 months [Read more…]
Sentencing, serious injury assault
SENTENCING: 57 months for serious injury assault affirmed… Haddon affirmed (unpublished). [Read more…]
Major Crimes Act, nonmember Indians
MAJOR CRIMES ACT: Defendants with Indian blood who are not members of a federally recognized tribe not amenable to prosecution under MCA… sex abuse/assault convictions reversed… Haddon reversed. [Read more…]
Sentencing, serious injury intent enhancement
SENTENCING: Sufficient evidence of intent to warrant 4-level enhancement for assault resulting in serious injury, 48 months substantively reasonable… Haddon affirmed [Read more…]
Sentencing, serious injury intent enhancement
SENTENCING: Sufficient evidence of intent to warrant 4-level enhancement for assault resulting in serious injury, 5-level enhancement for serious injury, 48 months substantively [Read more…]