INFORMATION, DEFECTIVE

Brazell, Reginald Lamond v. State, COCA Case No. F-2004-767 (May 23, 2006) (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Flippence, Amy Marie v. State, COCA Case No. F-2003-772 (January 7, 2005)
(6th Amendment; Information, Defective) Introduction of co-defendant’s out-of-court statements violated 6th Amendment and required a new trial on one count. Three other convictions were reversed with instructions to dismiss because statute did not exist at the time the alleged act occurred.

Hailey, Herbert Edsel, II v. State, COCA Case No. F-2003-802 (December 3, 2004)
(Information, Defective; Sentence, Excessive) Sexual Exploitation count (Life sentence) reversed and dismissed because statute defining crime did not exist at the time the acts were committed. Possessing Obscene Material count modified to lesser crime and sentence modified from 20 years and $25,000 fine to 5 years and $5,000 fine because charged under a general statute rather than a specific statute. Three other sentences modified because the sentences imposed exceeded the statutory maximum.

Hulbutta, Matthew , COCA Case No.  M-2000-115, (Information defective)

Johnson, Marlon L. v. State, COCA Case No. F-2002-1339 (September 2, 2003)
(Information, Defective) Failure to distinguish the allegations of rape contained in Count 1 from the allegations of rape contained in Count 3 made it impossible to verify whether the verdict in Count 3 was unanimous. Jury acquitted one count and convicted on the other. Count 3 reversed and remanded with instructions to dismiss.

Schwab, Robert Eugene v. State, COCA Case No. M-2007-192 (January 14, 2008)
(Information, Defective; Jury Instructions/ Lesser Offenses) Defendant was charged with transmitting a threatening letter, but jury found him guilty of lesser offense of Threatening by Telephone or Electronic Device. Lesser offense was not a crime at the time the e-mail in question was sent. Conviction barred by ex post facto principles. Reversed with instructions to dismiss.

State v. Norwood, Douglas Raymond, COCA Case No. S-2014-786 (March 31, 2015)
(State Appeals; Sentence, Enhancement; Information, Defective) Enhancing marijuana possession to a felony requires prior misdemeanor possession of marijuana conviction. Dismissed.

State v. Terry, Stephen Lee, COCA Case No. SR-2003-276 (March 30, 2004)
(Information - Defective) Court finds lewd molestation statute requires more than surreptitious filming of clothed girls at a public location.