July - 2015

Brother and Sister Convicted of Cheating at Casino

Brother and Sister Convicted of Cheating at Casino

[Unpublished opinion.] In this consolidated appeal, the court held, among other things, that defendant-India’s conduct was such that a rational trier of fact could find that she cheated and that she intended to cheat. Also, a rational trier of fact could find that, by allowing India to place a bet after the ball landed, defendant-James “altered the selection of criteria which determine the result of a gambling game or the amount or frequency of payment in a gambling game.” Th

Trial Court Mishandles 7411 Deferral Probation for Possession of Marijuana

Trial Court Mishandles 7411 Deferral Probation for Possession of Marijuana

The court held that in denying the “defendant’s request for probation under § 7411(1) for the reason that he had to prove his worth,” the trial court “misconstrued the deferral process set forth in § 7411(1) and necessarily abused its discretion.” Thus, the court vacated defendant’s sentence, including the adjudication of guilt, and remanded for resentencing. He pleaded guilty to marijuana possession. The trial court sentenced him to a year of probation. It clarified at the h

Judge not Required to Split Marital Debts 50/50

Judge not Required to Split Marital Debts 50/50

The court held that under Kessler, remand was required because the trial court failed to determine whether an ECE “existed with one or both parents before it altered the preexisting week-to-week parenting-time schedule.” However, it rejected the defendant-husband’s claim that the trial court erred in failing to evenly divide the parties’ credit card debt, concluding that leaving “them responsible for their own debts is an equitable decision under the circumstances.” As to the

US Supreme Court Rules Dog Sniff that Extends Traffic Stop Violates Constitution

US Supreme Court Rules Dog Sniff that Extends Traffic Stop Violates Constitution

RODRIGUEZ v. UNITED STATES Syllabus 1. Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures. A routine traffic stop is more like a brief stop under Terry v. Ohio, 392 U. S. 1, than an arrest, see, e.g., Arizona v. Johnson, 555 U. S. 323, 330. Its tolerable duration is determined by the seizure’s “mission,” which is to address the traffic violation that warranted the sto

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