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Tag Archives: Judge Wesley G. Russell Jr.

Plea waived appeal of new appointed counsel request (access required)

Where appellant stated he was satisfied with his original counsel’s performance before entering pleas to several charges, he cannot argue on appeal that the trial court did not properly handle appellant’s request for a new appointed attorney. Background Appellant Delp ...

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Court had subject matter jurisdiction over driving offenses (access required)

Where appellant argues the circuit court “‘lacked subject matter jurisdiction’ when it tried him without a jury[,]” even assuming the court erred by conducting a nonjury trial, it did not conduct “a proceeding for which it ‘lacked subject matter jurisdiction.’” ...

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No double jeopardy violation in child pornography case (access required)

Appellant’s convictions and sentences for production of child pornography and possession of child pornography do not violate double jeopardy principles. Possession of child pornography is not a lesser-included offense of production of child pornography. Background Appellant was 17 years old ...

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Restricted movement during bank robbery was abduction (access required)

Where appellant ordered three bank employees to lie on the floor during the course of his robbery, this restriction of movement was sufficient to support independent charges of, and convictions for, abduction. Restricting the employees’ movements was not an element ...

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Conviction for violating identification ordinance reversed (access required)

Appellant’s conviction for violating a city ordinance that require a person to produce identification when “the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification” is reversed. The city has conceded ...

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Increased income did not warrant support modification (access required)

Where the trial court denied husband’s motion for reduced spousal support because wife acquired a job, the trial court properly determined that this was not a material change in circumstances that warranted modifying husband’s support obligation. But the trial court’s ...

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Other-acts evidence correctly admitted at burglary trial (access required)

Where the trial court admitted other-acts evidence – an uncharged burglary – at appellant’s burglary trial under the modus operandi exception to the general rule barring evidence of other criminal acts, appellant’s appeal is not properly before the court. His ...

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