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Author Archives: Staff Report

Criminal Law: Refusal of Breathalyzer- Revocation of Driving Privileges- Probable Cause for Arrest

Defendant appealed the judgment upholding the revocation of defendant’s driving privileges following his refusal of a breathalyzer. After police received reports of an abandoned crashed vehicle, they detained defendant, who matched the description of the driver and who displayed signs ...

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Criminal Law: Post-Conviction Relief- Untimely Amended Motion- Abandonment by Counsel

Defendant appealed from the denial of his amended motion for post-conviction relief, following his guilty plea to second-degree murder. Counsel filed appearance after defendant filed a pro se motion for relief; however, counsel failed to timely file an amended motion ...

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Criminal Law: Post-Conviction Relief- Ineffective Assistance of Counsel- Motion to Suppress Evidence

Defendant appealed the denial of her motion for post-conviction relief, which alleged her trial counsel was ineffective for failing to file a suppression motion for evidence seized incident to her arrest. On appeal, defendant argued that the motion court erred ...

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Employee – Employer: Disability Discrimination- Collective Bargaining Agreement

Where an employee brought a disability discrimination claim against her employer after the employer placed him on administrative leave and ordered him to undergo testing for alcoholism, the employee’s claim cannot be resolved without interpreting a collective bargaining agreement, so ...

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Criminal Law: Enticing a Minor- Sentence Enhancement- Pattern Based on Hearsay

Where forensic evidence corroborated hearsay evidence demonstrating defendant engaged in pattern of prohibited sexual conduct, district court properly applied sentencing guidelines enhancement for the pattern and defendant’s sentence was substantively reasonable. Judgment is affirmed. U.S. v. Vander Veer (MLW No. ...

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Criminal Law: Conspiracy to Distribute- Sufficiency of Evidence- Reasonableness of Sentence

Where defendant’s delivery of large quantities of narcotics would lead to reasonable belief that recipients of the narcotics would further distribute them, out-of-court statements of recipients were not hearsay where otherwise admissible to show defendant was in conspiracy with recipients ...

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