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Criminal Law

No immediate appeal of denial of self-representation bid (access required)

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

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Brady material would not have changed trial’s outcome (access required)

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the ...

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Guilty plea vacated due to magistrate judge’s error (access required)

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

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Antipsychotic regimen ordered for schizophrenic (access required)

Where a defendant charged with kidnapping and other counts who was previously found incompetent to stand trial and refused to take oral medication for diagnosed schizophrenia, an antipsychotic regimen of injected drugs was ordered, as it would likely relieve his ...

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Appellant properly charged with two hit-run accidents (access required)

There was sufficient evidence for the trial court to convict appellant of two hit-and-run accidents. Although both arose from the same incident, each accident had a separate causation and there “was a sufficient temporal interval between the two collisions.” Background ...

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Appellant was sufficiently identified as perpetrator (access required)

Even though photos of appellant were, according to the trial court, “practically useless,” a store clerk who observed him was able to verify his identity, and thus, there is sufficient evidence to sustain appellant’s convictions of statutory burglary, petit larceny ...

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