Notable Decisions and Other News

Decisions

Burglary Conviction Dismissed

10/08/2014

In People v. Nathaniel Issac, the appellate court faulted the District Attorney for not proving when the burglary occurred, only asserting that it happened at some time during a four-day time period. Although Mr. Issac was found with some of the alleged proceeds of the burglary, there was nothing else connecting him to the burglary or proving that he came to possess those alleged proceeds from the burglary itself. The court, therefore, reversed his conviction for burglary and criminal mischief and dismissed the indictment for these counts.

Additionally, the appellate court also dismissed the count of possession of stolen property because the trial court incorrectly forced Mr. Issac to represent himself. The trial court should not have deemed Mr. Issac to have “forfeited” his right to counsel by asking for his fifth new attorney. Instead, Mr. Issac’s request showed that he consistently sought help of an attorney.  

Erin Collins briefed the case, which was argued by Barry Stendig.