This Appellate Week, November 21, 2012
by: Abassos • November 21, 2012 • no comments
Dependency - Continuation of Wardship
Continuation of a wardship is appropriate where the original bases for jurisdiction have not been fully ameliorated. Here, father created a good safety plan to protect child from stepmother, but because (1) the safety plan was new and (2) father didn't acknowledge stepmother had abused child, the court continued to have reasonable concerns for the safety of the child. DHS v JCG
Inmate in Possession of a Weapon
Attempted Inmate in Possession of a Weapon is a lesser included offense of Inmate in Possession of a Weapon. Because the jury could have found intentional attempted possession rather than knowing possession, the error of not giving defendant's instruction was not harmless. State v Zolotoff
Stop - Consent During Stop, Search After
Consent to search is invalid when it is obtained before an unlawful stop has ended. Here, defendant consented to a search while unlawfully stopped. After defendant consented, officer first told defendant he was free to leave, and then conducted the search. State v. Canfield
Physical Injury - Bruising Alone
Bruising alone, without more, cannot support an inference of "substantial pain" to establish fourth-degree assault. Here, victim did not testify that the alleged assault at issue caused any pain, and the only other evidence was a bruise. State v. Rennells
