MENTAL COMMITMENT: No error not to appoint “friend” where no one willing to serve… findings sufficiently detailed… omission of recommendations in professional report harmless error… McKinnon affirmed. [Read more…]
Archives for February 2009
Parental termination/adoption, step-mother
PARENTAL TERMINATION/ADOPTION: Stepmother had standing to petition to terminate noncustodial parent’s rights… mother properly found to be unfit, child available for adoption by stepmother… Larson affirmed. [Read more…]
Parental termination/adoption, grandparents
PARENTAL TERMINATION/ADOPTION: Grandparents/guardians’ petition to terminate putative father’s rights properly denied… Curtis affirmed.
NW knew Medicaid was covering AJJ’s pregnancy. He was not immediately [Read more…]
Procedure, Supreme Court citation format
PROCEDURE: Citation format modified to eliminate repeated paragraph numbering… order. [Read more…]
Felony murder, chambers presence, burden
FELONY MURDER: Waiver of right to be present at chambers conference improperly made by lawyer rather than Defendant, State failed to demonstrate error harmless… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Revocation, incarceration v. mental illness
REVOCATION: Plain error review of challenge to incarceration of revoked sex offender despite mental illness denied… lawyer’s actions resulting in incarceration more appropriate for postconviction… McKinnon affirmed. [Read more…]
Revocation/postconviction, PO “arrest,” jeopardy
REVOCATION/POSTCONVICTION: State waived §46-21-105(2) postconviction bar by raising 1st time on appeal… “arrest” in §46-23-1012(2) refers to PO arrest, not police arrest, State followed revocation procedures when it filed Report of Violation within 10 days of PO’s Warrant to Arrest & Hold… due process not denied by 21 days [Read more…]
Postconviction, lawyer suicide, hearing
POSTCONVICTION: “Unique circumstances” of counsel’s suicide require evidentiary hearing on petition… McKittrick reversed. [Read more…]
Plea withdrawal, criminal mischief, roof damage
PLEA WITHDRAWAL: Defendant’s acknowledgment that he apparently damaged barn roof insufficient for criminal mischief, should have been allowed to withdraw plea-bargained guilty plea… Langton reversed. [Read more…]
Product liability, “upstream” chair parts retailer
PRODUCT LIABILITY: “Upstream” retailer of chair components not entitled to bring indemnity claim against “downstream” MSP assembler of chair that collapsed… no right of contribution in product liability case… Harkin. [Read more…]