FALSE ARREST/IMPRISONMENT/WRONGFUL DISCHARGE: Venue change based on publicity/marijuana bias properly denied… actions in hiring drug agent not relevant to false arrest claim… post-arrest evidence relevant to discharge claim, jury instructed not to use it to determine false arrest… sufficient probable cause for drug sting arrest of [Read more…]
Archives for March 2009
STATE IMMUNITY properly applied to Warm Springs in murder by discharged patient… McCarter affirmed.
Derek Yarnall, 23, schizo-affective, was taken to St. Peter’s Hospital in [Read more…]
LOAN/PROCEDURE: No undue prejudice by Judge amending counterclaim alleging mutual mistake (.13% interest in note v. 13% in agreement) to affirmative defense, but relief for lender on unpaid balance barred by 2-year statute… Todd affirmed, reversed. [Read more…]
WORK COMP: WCC has jurisdiction to determine Lockhart fees, correctly determined that work of Claimant’s attorney led to payment of benefits… Shea affirmed. [Read more…]
DD COMMITMENT: Clear & convincing standard retained rather than mental commitment standards… evidence of general conditions/practices at MDC properly excluded… actual rather than potential availability of community services properly considered… issue of overlapping recommitments and reversals of prior commitments settled by [Read more…]
SUPERVISORY CONTROL of Irigoin denied in guardianship/conservatorship/estate case… order.
Tod Kasten alleges that Judge Irigoin has issued erroneous rulings in [Read more…]
PLEA WITHDRAWAL: Girlfriend’s recanting PFMA allegation months before guilty plea not new evidence for withdrawal… Watters affirmed. [Read more…]
DRUGS/PROCEDURE/INEFFECTIVE ASSISTANCE: New omnibus hearing not required following addition of lesser-included based on same facts… alternative charge not good cause for untimely motion to suppress… counsel not ineffective for not timely moving to suppress based on [Read more…]
PROCEDURE/PROSECUTORIAL CONDUCT/SENTENCING: Constitutionality of §46-16-410(4) not considered first time on appeal in claim of denial of right to be present during settling of instructions… new trial properly denied based on Prosecutor’s reference to failure to call witnesses… parole conditions illegal, properly challenged first time on [Read more…]
SENTENCING/REVOCATION: Revocation proper for failure to pay restitution to DOC for disbursement to credit cards or check that they had been paid… untimely challenge of restitution condition of original sentence… jail time improperly imposed because original suspended [Read more…]