DEFAULT: Attorney affidavit averring to disputed facts outside personal knowledge improperly relied on for default judgment… authority also lost after motion deemed denied for failure to issue timely order… dispute as to proper defendant not determinative… J. Brown reversed. [Read more…]
Archives for 2009
Injunction, appeal moot after sale of property
INJUNCTION: Appeal of H. Brown’s denial of TRO and request for remand for preliminary injunction to stop trustee’s sale of building damaged in gas explosion mooted by subsequent transfers of property, failure to request stay pending appeal… alleged fraudulent conveyance not an [Read more…]
Appellate mediation, undue influence, rescission
APPELLATE MEDIATION: Claim of undue influence by mediator rejected, motion to rescind stipulation and release denied… order. [Read more…]
Discovery, CHIP recipients, potential class action
DISCOVERY: Supervisory control of McCarter by mother of bicycle/auto decedent denied as to limiting discovery to CHIP recipients over last 6 months rather than to all insureds for whom BCBS paid health insurance benefits and received reimbursement for providers pursuant to liens [Read more…]
Service, failure to serve within 3 years
SERVICE by party invalid, dismissed for failure to serve within 3 years… Rice affirmed (IOR I-3(d)(v)). [Read more…]
Water, failure to apprise of need to file exceptions
WATER: DNRC Proposal for Decision, Final Order failed to clearly inform applicant of need to file exceptions prior to judicial review… properly remanded for opportunity to file exceptions… Swandal affirmed (IOR I-3(d)(v)). [Read more…]
Venue, no rationale for change order
VENUE change order by Curtis cannot be reviewed without rationale… order. [Read more…]
Deliberate homicide, speedy trial, bi-polar witness
DELIBERATE HOMICIDE: Speedy trial claim properly rejected… jury properly instructed as to weight to give testimony… bi-polar witness not compelled to provide mental records… plain error review of alleged prosecutorial misconduct declined… conviction affirmed… Sandefur affirmed (IOR I-3(d)(v)). [Read more…]
Revocation, incorporation of PSI restriction
REVOCATION: PSI restriction on contact with youths properly incorporated by reference into sentence of statutory rape defendant, contact also restricted in divorce decree, Defendant properly revoked for contact with son… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Revocation, alleged illegal arrest in Georgia
REVOCATION: Challenge to jurisdiction to revoke following alleged illegal arrest in Georgia waived by not raising below, but in any event remedy for unlawful arrest is not dismissal… Georgia convictions for sending obscene images to minors violated express probation condition, Defendant properly revoked… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
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