Justia Criminal Law Opinion Summaries

The Lancaster County Mental Health Board (Board) determined that D.H. was a âdangerous sex offenderâ within the meaning of the Sex Offender Commitment Act (SOCA) and should be committed for inpatient treatment. The determination was affirmed on appeal to the district court. D.H. appealed, arguing that the district court erred in affirming the Boardâs order for multiple reasons. The Supreme Court found that the evidence presented before the Board and the district court sufficient to support D.H.âs commitment. The Court affirmed the order of the Board and decision of the district court.

In the early 1990âs, a jury found A.M. guilty of first-degree sexual assault, and the court sentenced him to prison. Shortly before his release in 2008, the State filed a petition under the Sex Offender Commitment Act (SOCA) to have A.M. declared a dangerous sex offender and committed to inpatient care. The Mental Health Board (Board) found by clear and convincing evidence that A.M. was a dangerous sex offender but that neither voluntary hospitalization nor other treatment alternatives would prevent him from reoffending. A.M. appealed the Boardâs decision to the district court, âasserting a litany of constitutional and evidentiary errors.â The district court rejected A.M.âs claims, and affirmed the Boardâs decision to have A.M. committed. After a thorough review of the Boardâs deliberations and the district courtâs record, the Supreme Court found many of A.M.âs issues raised on appeal meritless. However, the Court remanded the case to the Board for further evidentiary findings for the record.

Joseph (Joe) Mandolfo sued his brother Mario and American National Bank (ANB). At one time, Joe owned several businesses, some of which had accounts with ANB. After his brother Mario lost his job as a teacher, Joe hired Mario to work for him. Joe alleged that Mario had, with the help of ANB, wrongfully deposited checks intended for Joeâs business, into his own account. From 1995 until 2000, Joe contended that Mario embezzled about $1.2 million. The district court granted summary judgment to Joe against Mario. The court however, also granted summary judgment to ANB, concluding that a statute of limitations barred Joeâs claims against the bank. Joe appealed the grant of summary judgment to the bank. The Supreme Court concluded that Joeâs claims were governed by the Uniform Commercial Code, and as a result, were subject to a three-year statute of limitations. Joe did not discover Marioâs misappropriations until 2003. Accordingly, the Court affirmed the lower courtâs decision to dismiss Joeâs claims against the bank as untimely.

In 2006, Appellant-Defendant Anthony Riley was convicted in the district court for manslaughter and attempted second degree murder stemming from the drive-by shooting that ended with one death and three others injured. Prior to trial, the State filed several motions in limine, seeking to prevent Defendant from discussing at voir dire, in his opening statement, or closing argument, a polygraph test police had administered to one of the Stateâs witnesses. Defendantâs defense strategy focused on proving that someone else in the car, not Defendant, had fired the shots. When Defendant cross-examined one of the Stateâs witnesses, the witness mentioned he had taken a polygraph test. Defendant motioned for a mistrial, but the trial court simply struck mention of the test and ordered the jury to disregard it. The jury returned guilty verdicts for manslaughter and attempted second degree murder. Defendant moved for a new trial. The court overruled the motion and sentenced Defendant to twenty years for manslaughter, and eight to fifteen years on each attempted murder count. The Supreme Court found that Defendantâs claim that he was not the shooter, and the inadvertent mention of the polygraph by the Stateâs witness were prejudicial to Defendant, and that the district court should have granted Defendantâs motion for a mistrial. The Court reversed the lower courtâs decisions and remanded the case for a new trial.