Archives for January 2009

Property, parol evidence, mutual mistake deed

January 3, 2009 By lilly

PROPERTY: Parol evidence properly admitted to prove that by mutual mistake deed did not contain agreed restrictions, deed properly reformed… McLean affirmed. [Read more…]

Mental commitment, friend, plain error

January 3, 2009 By lilly

MENTAL COMMITMENT reversed for failure to appoint a friend… plain error review invoked first time in commitment proceeding… Sherlock reversed. [Read more…]

Mental commitment, friend, plain error

January 3, 2009 By lilly

MENTAL COMMITMENT reversed for failure to appoint friend… plain error review… McCarter reversed. [Read more…]

Clerk of court, judicial orders, contempt

January 3, 2009 By lilly

CLERK OF COURT: Petition for writ of prohibition to void orders by 13th Judicial Dist. judges mooted by Clerk’s election loss, no longer threat of contempt… order. [Read more…]

Attorney discipline, tendered admissions filing

January 3, 2009 By lilly

ATTORNEY DISCIPLINE: Unfair to require filing tendered admissions in unique circumstances… order. [Read more…]

Counsel withdrawal, day of trial, continuance

January 3, 2009 By lilly

COUNSEL WITHDRAWAL: Continuance properly denied after fired counsel formally withdrew 1st day of trial in light of unique circumstances and compensation to divorce party… H. Brown affirmed. [Read more…]

Indian child, transfer to tribal court

January 3, 2009 By lilly

INDIAN CHILD: Supervisory control of McNeil granted to prevent transfer to ND tribal court pending further consideration in light of AP… order. [Read more…]

Kidnap/sexual assault

January 3, 2009 By lilly

KIDNAP/SEXUAL ASSAULT: Testimony suggesting victim previously lied about being pregnant properly excluded as irrelevant and improper character attack… objection to deposition of victim moot as she testified at trial and deposition not introduced… parole restriction properly based [Read more…]

Insurance, jockeys, participants v. exhibitors

January 3, 2009 By lilly

INSURANCE: Jockeys are “participants,” not “exhibitors,” excluded from liability policy… exclusions not violative of law, ambiguous, reasonable expectations… no negligent procurement by agent… Todd. [Read more…]

Negligence, $2,505,000 left-turn MVA verdict

January 3, 2009 By lilly

NEGLIGENCE: New trial denied following $2,505,000 high-speed left-turn MVA verdict with 2 deaths, 1 PI (weight of evidence as to Plaintiff’s negligence, rebuttal as to line of sight, closing arguments as to Judge finding Defendant negligent)… motion for new trial need not be preceded [Read more…]