Here we go -- another mix of open questions, predictions and -- in a year, if we're lucky -- answers.
(1) The Court of Appeals has issued about one significant "criminal episode" opinion per year, for the last four years. If the same holds true this year, the opinion will be about:
(a) Whether Promoting and Compelling Prostitution are continuing crimes;
(b) If multiple counts of ECSA arising from the single search of the same computer constitute one criminal episode;
(c) Whether multiple occurrences of one crime, occurring repeatedly over a period of a few hours,constitute one criminal episode?
(2) Speaking of ECSA, the Court of Appeals will decide that the burden is on the state to show that the children depicted in videos were alive when the pictures were downloaded in order to be victims of ECSA I.'
(3) Not many merger issues left. But this year, the court will decide that:
(a) PCS merges into DCS -- substantial quantity.
(b) PCS merges into DCS, overruling prior case law
(c) Recklessly Endangering merges into (DUII based) Assault III or Assault II.
(4) In the area of search and seizure, the appellate courts will make big news by ruling that:
(a) Washington County can no longer get away with not having telephonic warrants
(b) Most cell-phone search warrants are overbroad
(c) Pretty much every non-consensual blood draw will require a warrant
(5) On mental states and material elements, the appellate courts will rule that:
(a) The mental state of criminal negligence applies to the value of property stolen
(b) The mental state of intentionally applies to serious physical injury in assault I or robbery I
(c) The mental state of criminal negligence applies to serious physical injury in assault II
If any of these topics pique your interest, let me know. I have a brief or memo on almost every topic described above.