Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home (page 2)

Tag Archives: Criminal Law

Criminal Law: Production of Child Pornography-Appeal Waiver-Challenge to Reasonableness of Sentence

Defendant pleaded guilty to production of child pornography, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the reasonableness of his sentence. Where defendant’s appellate issues fell within the scope of the appeal waiver in ...

Read More »

Criminal Law: Possession of Methamphetamine-Motion to Suppress Evidence-Sufficiency of Evidence

Defendant appealed the denial of his suppression motion and conviction for possession of more than 500 grams of methamphetamine, after officers conducted a canine sniff during a welfare-check traffic stop of defendant’s truck. Defendant challenged the sufficiency of evidence that ...

Read More »

Criminal Law: Bank Robbery-Career Offender-Guidelines Enhancement

Defendant pleaded guilty to bank robbery. The district court concluded defendant was a career offender, based on two prior federal bank robbery convictions, and imposed a two-level guidelines enhancement to sentence defendant to a within-guidelines range sentence of 151 months’ ...

Read More »

Criminal Law: Accessory to Murder-Guidelines Range-Upward Departure

Defendant was present during a murder and helped the murderer to clean the victim’s body of evidence and dispose of the body. Defendant pleaded guilty to being an accessory to second-degree murder. The district court found the applicable advisory guidelines ...

Read More »

Criminal Law: Felony Nonsupport-Sufficiency of Evidence

Where a defendant challenged his conviction for felony criminal nonsupport, there was sufficient evidence to support the conviction because the state was not required to establish as an essential element that the total arrearage accrued within a three-year period. Judgment ...

Read More »

Criminal Law: Post-Conviction Relief-Distribution of Controlled Substances-Ineffective Assistance of Counsel

Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction relief, alleging 24 instances of ineffective assistance of counsel. The ...

Read More »

Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for ...

Read More »

Criminal Law: Revocation of Probation-Completion of Institutional Treatment Program

Where an offender completed and was released from a institutional treatment program, the circuit court erred by imposing a new probationary term and was authorized only to continue an existing term of probation, unless the circuit court had affirmatively manifested ...

Read More »