DELIBERATE HOMICIDE: Postconviction claims by garage burglar shooter properly denied… McLean affirmed (memorandum). [Read more…]
Judge disqualification, alleged rifle discharge death bias
JUDGE DISQUALIFICATION proceeding allowed as to alleged bias in rifle discharge death case on reconsideration of order denying it as untimely… order. [Read more…]
Drugs, meth distribution conspiracy sentence
DRUGS: Meth distribution conspiracy sentence affirmed… Watters affirmed (memorandum). [Read more…]
Judge disqualification, post-sentencing motion
JUDGE DISQUALIFICATION: Post-sentencing motion alleging improper remarks and disclosures in accidental rifle discharge death case with motion for new trial void as not timely raised… order. [Read more…]
Sex abuse, victim intoxication
SEX ABUSE: Claims of ineffective assistance relating to victim intoxication rejected… Morris affirmed (memorandum). [Read more…]
Judge substitution, called-back judge, postconviction
JUDGE SUBSTITUTION of retired/called-back McLean properly denied in postconviction proceeding of deliberate homicide Defendant where McLean had presided over trial and sentencing. . . supervisory control denied . . . order. [Read more…]
Deliberate homicide, intellectually disabled
DELIBERATE HOMICIDE: Intellectually disabled who kidnapped and murdered jogger properly found competent when he pled guilty, properly found to appreciate his behavior and able to conform to the law and thus not error to sentence to MSP rather than DPHHS, prison sentence not violative of cruel/unusual punishment… Simonton affirmed. [Read more…]
Speedy trial, lost drug rehab opportunities
SPEEDY TRIAL violated by failure to submit evidence to Lab for 102 days during which defendant was deprived of rehab opportunities… meth possession conviction reversed… Newman reversed. [Read more…]
Restitution, “car-hopping” youth, $888
RESTITUTION: General one-word objections inadequate to preserve for appeal arguments that victims failed to file affidavits or testify and Judge relied on replacement value and failed to consider ability to pay… $888 “car-hopping” restitution properly imposed on youth… Olson affirmed (IOR I-3(c)). [Read more…]
DNA evidence, new tests 7 years post-conviction
DNA EVIDENCE: New tests that make previously useless DNA capable of identification amount to “newly discovered DNA evidence” under Innocence Protection Act, even though the underwear and semen are not, thereby rebutting the presumption of untimeliness 7 years after conviction of sexual assault of intoxicated teen… motion for DNA testing under new tests improperly denied… Haddon reversed. [Read more…]