MURDER/BURGLARY: Testimony of social worker expert properly limited… felony murder supported by evidence that Defendant [Read more…]
Rape, joinder, presence at judge/jury contact
RAPE: Charges involving 3 girls properly joined for trial… no prejudice by Judge asking jury outside Defendant’s presence if it wanted dinner and stating that it did not have to deliberate [Read more…]
Speedy trial, 924 days, lack of firm trial date
SPEEDY TRIAL not violated by 924 days to homicide trial, multiple continuances and counsel changes, Judge’s plea [Read more…]
Sentencing, parole eligibility, plea agreement
SENTENCING: 40 years, no parole for 20 years for mitigated deliberate homicide vacated pursuant to stipulation following dispute over parole restriction and whether plea agreement breached… remanded for new sentencing with new judge in place of Lympus… order. [Read more…]
Ineffective assistance, jurors’ newspaper exposure
INEFFECTIVE ASSISTANCE: Defendant failed to demonstrate counsel ineffective by not polling jurors as to newspaper account of trial, nor by breakdown in communication initiated [Read more…]
Ineffective assistance, prejudice standard
INEFFECTIVE ASSISTANCE: Petition for rehearing granted on claim by Defendant of improper ineffective assistance prejudice standard (certainty v. reasonable probability of [Read more…]
Transaction rule, uncharged conduct, rape/incest
TRANSACTION RULE: Uncharged misconduct properly admitted as “inextricably linked” to charges of sex with daughter over extended period in environment of religious control and violence by father, both as to acts of which daughter was [Read more…]
Ineffective assistance, jury polling, press exposure
INEFFECTIVE ASSISTANCE not shown by not polling jury as to exposure to newspaper account of trial, nor by breakdown in communication initiated by Defendant, substitution of [Read more…]
Plea withdrawal, parole restriction “understanding”
PLEA WITHDRAWAL: Plea agreement “understanding” that State would not recommend parole restriction not breached by Prosecutor’s objection to SRD as to removal of restriction… Christopher affirmed. [Read more…]
Attorney discipline, defense attorney, child porn
ATTORNEY DISCIPLINE: ODC failed to prove that criminal defense lawyer violated MRPC by holding/ not disclosing child pornography collected from apartment of client being [Read more…]