December 16, 2009

Court of Appeals 11-12-09

People v. Buerge        Sexually Violent Predatory and Fictitious Victim
In an internet sting operation case, the Court of Appeals held a person can be found to be a sexually violent predator even when there is no real victim.
People v. Nance        Probation Revocation and Waiver of the Two Prior Felony Rule
The Court of Appeals held that if the prosecution waived the two prior felony rule at the time of the plea, that waiver continues to apply at the sentencing hearing after a revocation of probation.
People v. Taylor    Self-Defense / Illegal Discharge of a Firearm
Mr. Taylor went to trial on charges of attempted first degree murder, attempted second degree murder, two counts of first degree assault, two counts of menacing, and third degree assault. The defense submitted a lesser-non of illegal discharge of a firearm, a class 5 felony. The defense also asked for a self-defense instruction on the lesser-non. The trial court submitted the lesser-non illegal discharge of a firearm to the jury, but denied the self-defense instruction. A jury convicted Mr. Taylor of the lesser-non and third degree assault. The Court of Appeals reversed the illegal discharge conviction, and held that because the illegal discharge of a firearm was a general intent crime, Mr. Taylor was entitled to a self-defense instruction.
Clark v. People     Record Sealing
Mr. Clark, retarded. First he lies to the cops and says he is driving instead of his kid. He is charged with a class 2 traffic misdemeanor. The traffic charge was dismissed, but he pled to false reporting - not comprehending that such a plea will revoke his SEC broker license. The DA agrees to pull the plea, and dismiss the case. Mr. Clark moves to seal, and the trial court denied his motion to seal the record. The Court of Appeals affirmed - apparently these types of traffic offenses, according to the opinion, cannot be sealed. Who knew?  

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