Criminal Procedure Cases
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Coverage since June 8, 2026

Criminal Procedure

WyomingCriminalCriminal Procedureplea-agreements
Wyoming Supreme Court
Uncategorized

Hughes v. State — Plea Agreement “Sentencing Cap” Is a Non-Binding Recommendation, Not a Stipulated Sentence Under W.R.Cr.P. 11(e)(1)(C)

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The Wyoming Supreme Court unanimously affirmed consecutive sentences for a former Casper police officer who pleaded guilty to five counts of aggravated assault and battery following a prolonged armed standoff, holding that a plea agreement capping the State’s “sentencing argument” was a non-binding recommendation under W.R.Cr.P. 11(e)(1)(B)—not a stipulated sentence under 11(e)(1)(C)—and that Wyoming district courts need not make specific findings when deviating from a sentencing recommendation.

North CarolinaCriminalCriminal ProcedureEvidence
North Carolina Court of Appeals
Uncategorized

State v. Havens — Hidden Bathroom Cameras Convictions Upheld; 1978 Privacy-Intent Element Does Not Limit Current Secret Peeping Statute

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The North Carolina Court of Appeals affirmed convictions for secret peeping, second-degree sexual exploitation of a minor, and third-degree sexual exploitation of a minor arising from hidden charging-block cameras installed in bathrooms, holding that the 1978 “intent to invade privacy” gloss from In re Banks does not apply to the elements of the current N.C.G.S. § 14-202(f) felony secret-peeping statute.

TexasCriminalCriminal ProcedureEvidence
Texas Court of Appeals, Seventh District (Amarillo)
Uncategorized

Nichols v. State — Threats Relayed Through Crisis Negotiators Satisfy Aggravated Assault on Public Servant; Felony Deadly Conduct Is Not a Lesser-Included Offense When Indictment Charges Exhibiting, Not Discharging, a Weapon

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The Seventh Court of Appeals affirmed a fifteen-year conviction for aggravated assault on a public servant, holding that threats relayed through crisis negotiators to officers on scene satisfy the statute, and that felony deadly conduct is not a lesser-included offense of aggravated assault by threat where the indictment charges only exhibiting — not discharging — a weapon. The court modified the judgment to delete an attorney’s fees provision entered without the required finding of financial resources.

TexasCriminalCriminal Procedure
Texas Court of Appeals, Seventh District (Amarillo)
Uncategorized

McGruder v. State — Defendant Who Refused Court-Ordered Sanity Evaluation Cannot Complain of Its Denial on Appeal

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The Seventh Court of Appeals affirmed convictions after holding that a defendant who refuses a court-ordered sanity evaluation waives any right to such an evaluation and cannot complain on appeal of its denial, and that a December 2022 incompetency finding was legally irrelevant to the separate question of the defendant’s sanity at the time of the offenses.

MassachusettsCriminalCriminal ProcedureMotor Vehicle
Massachusetts Appeals Court
Uncategorized

Commonwealth v. Carvalho — Driving Dump Truck with Raised Body Establishes Probable Cause for Negligent Operation Without Evidence of Erratic Driving

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The Massachusetts Appeals Court reversed the dismissal of a negligent operation complaint against a dump truck driver who forgot to lower the truck’s raised body before driving under a highway overpass, holding that the vehicle’s dangerous condition — not erratic driving — established probable cause under G. L. c. 90, § 24 (2) (a).

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