Scheerer v State – Read Between the Lines – 20% of initial term of incarceration means lowest number of initial jail time, not higher number before suspension of jail time is taken into consideration. City Ordinance must allow for it
State v Yonkman – Miranda – invoking the right to counsel, four days later, officers reapproach the suspect, and re-read Miranda rights, get a waiver, get answers to questions, Miranda has not properly been waived, unless 14 days have passed, or suspect reinitiated conversation with officers
State v Espinoza – Sex Offender Registration – Possible correlating argument to wrongly suspended or revoked license or privilege in a DUI case
State v McCall – MEMO – Evidence showing only APC, not driving, does not require the court to give jury instructions only on APC and not driving – does not lead to possibility of non-unanimous jury verdict – does not violate Due Process
State v Hendricks – MEMO – Consecutive sentences out of single act or omission is not permitted – Discussion of vehicle as a deadly weapon or dangerous instrument
State v Blankenship – MEMO – Blood draw by an incompetent, unreasonable, and unsafe manner discussion – court’s erroneous belief that preclusion was only remedy for late disclosure renders ruling as abuse of discretion – subject to harmless error – Leg restraints noticed by juror
State v Biggs – MEMO – Not Fundamental Error to not explain that stipulating to two prior DUIs required prison instead of jail – comment on Defendant failure to testify at trial
State v Whigam – MEMO – Stipulation to prior convictions – colloquy – Fundamental Error - Prejudice
State v Urosevic – MEMO – Duplicitous nature of the charge – Duplicity – multiple theories of assault in one charge – defendant must be informed what type of assault is being prosecuted
State v Vanwinkle – Violation of Defendant Constitutional Right for Prosecutor to comment on Post-custody, Pre-Miranda silence – 5th Amendment – silence in response to a civilian statement that defendant was the shooter – Harmless Error
State v Bustamante – Batson Challenge – Juror stricken by State for language issues – Equal Protection – peremptory strike
State v Padilla – MEMO – Denial of a Motion to Suppress Fruit of an Illegal Traffic Stop
State v Gonzalez – MEMO – Wasting Peremptory Strikes when court denies request to remove jurors for cause - Jury
State v Young – MEMO – Jury Deadlock – Court instructions to jurors
State v Herrera – MEMO – Stop for Wide Turn – Reasonable Suspicion – Turn as close as practicable
State v Giles – MEMO – Proof of Prior Felony Conviction – Clear and Convincing rather than Preponderance of the Evidence – Fundamental Error
State v Beltran – MEMO – No interference with Right to Counsel when Officer allows Suspect to make a phone call, but suspect can’t reach attorney
State v Carrillo – MEMO – Improper juror statements during Voir Dire – striking entire panel – Conviction on a lesser included offense vacates conviction and sentence
State v Chavez – MEMO – Unlawful Flight jury instruction – willfully is given the same legal meaning as knowingly
State v Montierth – MEMO – Post Conviction Relief – Plea called for misdemeanor upon successful completion of probation but judge designated a felony at time of sentencing – breach of the plea
State v Guajardo – MEMO – Motion for a new trial – applicable standard – Judge stands as 13th Juror – New Trial not the same as Rule 20
State v Sosnowicz – MEMO – in vehicular murder and aggravated assault case court did nor err in precluding introduction of victim BAC
State v Lee – MEMO – foreign priors – out of state felony convictions – sentence enhancement
State v Reyes – MEMO – Pre Sentence Incarceration Credit – PSIC – credit for time spent in custody on different case number but same incident – credit for all concurrent counts
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