December 16, 2009

Court of Appeals 12-10-09

People v. Daniels      Serious Bodily Injury
The Court of Appeals held that a broken rib constitutes serious bodily injury. Seriously.
People v. Ford        Equal Protection As Applied / Waiver
The Court of Appeals held that when Mr. Ford pled guilty he waived any 'as applied' equal protection claim. The CofA found that a guilty plea bars any claims based upon constitutional infirmities. However, exceptions exist, and a facial challenge to a statute would be one exception. Nevertheless, because Mr. Ford's equal protection claim fell under the 'as applied' analysis, he waived his right to raise this equal protection claim when he pled guilty.

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