PARENTAL RIGHTS: Supervisory control of Gilbert denied as to determination that Mother is not entitled to appointed counsel in Adoption Act termination because she does not meet financial eligibility requirements pursuant to OPD’s indigency determination method which included partner’s income and assets… order. [Read more…]
Attorney substitution, assault with weapon Defendant
ATTORNEY SUBSTITUTION properly denied for assault with weapon Defendant… Manley affirmed. [Read more…]
Right to be present, absent juror substitution discussion
RIGHT TO BE PRESENT at discussion of potential substitution of alternate for absent juror not sufficiently prejudicial for plain error review… Cuffe affirmed. [Read more…]
Sexual assault, revocation, sex treatment conditions
SEXUAL ASSAULT: Sufficient evidence that Defendant violated sex treatment condition of release, revocation affirmed… Allison affirmed (IOR I-3(c)). [Read more…]
Drug paraphernalia, syringe found in coat pocket
DRUG PARAPHERNALIA: Sufficient evidence that syringe in Defendant’s coat pocket was paraphernalia that Defendant intended to use to inject dangerous drugs… Bolstad/Kutzman affirmed (IOR I-3(c)). [Read more…]
Resisting arrest, officers’ personnel records
RESISTING ARREST: Officers’ pre-incident personnel records properly excluded over Defendant’s assertions of excessive force arrest… physician testimony regarding nature & extent of arrest injuries properly excluded… sufficient evidence of obstruction of officer to preclude plain error review… convictions affirmed… Herrington/Salvagni affirmed. [Read more…]
Assault on officer, Norquay instruction
ASSAULT ON OFFICER: Jury properly found that victim of no-contact violation still resided at residence despite in process of moving… assault on officer conviction affirmed over challenge to Norquay instruction to deadlocked jury… Gustafson affirmed (IOR I-3(c)). [Read more…]
Sentencing, parole restriction, deliberate homicide
SENTENCING: No parole for homicide Defendant not illegal or cruel/unusual… Sandefur affirmed. [Read more…]
Drugs, CI hearsay
DRUGS: Convictions reversed, remanded for new trial, on AG’s concession that CI statements wrongly admitted through trial testimony of detectives… order. [Read more…]
Incest, child witness audio-visual testimony
INCEST: Provisions for 6-year-old witness to testify via audio-visual constitutional, properly applied… 4-year-old properly [Read more…]