Wednesday, September 2, 2009

Court of Appeals Update, Sept. 1, 2009

State v. Jihad Melvin, new trial ordered where judge submitted to the jury both 1st degree murder and accessory after the fact (and jury convicted on both). Plain error because the judge should have instructed on these as alternative verdicts. New trial.

State v. Mahamed Mohamud, plain error in instructing jury that "khat" was a Sch. I substance. Cathinone is a Sch. I substance, not "khat." New trial.

State v. Edward Wagoner, no error in ordering defendant to participate (12 years after his plea) in satelite-based monitoring. No violation of ex post factor rules, double jeopardy, or the defendant's plea bargain. Elmore dissents.

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