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Tag Archives: domestic assault

Criminal Law: Domestic Assault-Motion to Compel Production of Documents-Witness’ Mental Health Records

Defendant appealed his conviction for domestic assault. On appeal, defendant argued that the trial court abused its discretion by denying defendant’s motion to compel a health care facility to disclose a witness’ mental health records or, in the alternative, to ...

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Criminal Law: Domestic Assault-Ineffective Assistance of Counsel-Advising Not to Testify in Own Defense

  Defendant was convicted of unlawful use of a weapon and third-degree domestic assault after he assaulted his paramour at her home during a period of several days. On appeal, defendant argued that counsel was ineffective for advising him not ...

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Criminal Law: Domestic Assault-Upward Departure-Criminal History Category

Defendant pleaded guilty to domestic assault. At sentencing, the district court found defendant’s guidelines range to be 30 to 37 months. The court upward departed, concluding defendant’s criminal-history category under-represented the seriousness of his criminal history and imposed a one-month ...

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