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Criminal Law-Drug Distribution-Excessive Sentence-Abuse of Discretion
Defendant appealed the sentence imposed following his conviction for drug distribution and wire fraud, arguing that it was unreasonably high. Where the district court declined to vary downward further due to concerns […]
Criminal Law: Speedy Trial Violation-Jurisdiction to Dismiss
The state appealed the trial court’s order dismissing the criminal information filed against defendant, after the trial court concluded that defendant’s constitutional and statutory speedy trial rights had been violated, […]
Criminal Law: Resisting Arrest-Sentencing Errors
Defendant appealed his conviction and sentence for first-degree assault, resisting arrest, careless driving, failure to yield and failure to stop, stemming from an incident in which defendant led police in […]
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Defendant appealed the denial of his motion for post-conviction relief, challenging the sufficiency of the evidence supporting his conviction for tampering with evidence and alleging ineffective assistance of counsel. Where […]
Criminal Law: Post-Conviction Relief-Denial of Substitute Counsel
Defendant appealed the denial of his motion for post-conviction relief. Defendant argued that the trial court erred in failing to hold a hearing after a breakdown in communication between defendant […]
Criminal Law: Post-Conviction Relief-Abandonment Determination
Defendant appealed the denial of his motion for post-conviction relief alleging ineffective assistance of counsel. The state argued on appeal that the trial court erred in concluding that defendant was […]
Criminal Law: Expungement-DWI
Plaintiff appealed the trial court’s judgment denying her expungement petition in part. Plaintiff sought to expunge records related to her charges of careless and imprudent driving, illegal parking, and DWI. […]
Criminal Law: Wire Fraud-Sentencing Enhancements-Substantive Reasonableness of Sentence
Defendant appealed the sentence imposed following his guilty plea to conspiracy to commit wire fraud, arguing that the district court erred in imposing two enhancements to his sentencing range and […]
Criminal Law: Unlawful Possession of Firearm-Motion to Dismiss-Constitutionality of Statute
Defendant appealed his conviction for being an unlawful user of a controlled substance in possession of a firearm, asserting a facial challenge to the constitutionality of the statute of conviction. […]
Criminal Law: Tax Offense-Upward Variance-Substantive Reasonableness of Sentence
Defendant appealed the substantive reasonableness of the sentence imposed following his guilty plea to a tax offense. Where the district court made an individualized assessment of the circumstances, there was […]
Criminal Law: Revocation of Supervised Release-Sufficiency of Evidence-Substantive Reasonableness of Sentence
Defendant appealed the sentence imposed following the revocation of his supervised release, arguing that the district court erred in finding that he had violated the terms of his supervised release […]
Criminal Law: Revocation of Supervised Release-Substantive Reasonableness of Sentence
Defendant challenged the substantive reasonableness of the sentence imposed following the revocation of his supervised release. Where the district court adequately considered the relevant statutory sentencing factors and imposed a […]
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