DUI/ENDANGERMENT: Particularized suspicion for stop and probable cause for arrest based on 50 miles on wrong side of interstate… speedy trial motion failed to state grounds with particularity… endangerment instruction properly omitted additional statutory language on tree spiking, proper instruction on “knowingly,” “knowingly” element [Read more…]
Archives for March 2009
DUI, parking lot strike of unoccupied vehicle
DUI: Particularized suspicion to investigate parking lot strike of unoccupied vehicle, failure to leave note, motion to suppress properly denied… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Sexual assault/ineffective assistance/postconviction
SEXUAL ASSAULT/INEFFECTIVE ASSISTANCE/POSTCONVICTION: Insufficient evidence of recantation by child… no error in not objecting to questions that did not warrant objection… no prejudice in not being present at chambers discussions of jury inquiries… claim of ineffective assistance by direct appeal counsel waived by failure to raise in [Read more…]
Sentencing, credit union robber, mental disease
SENTENCING: Credit union robber failed to establish mental disease/defect, properly sentenced to prison rather than DPHHS… McKittrick affirmed. [Read more…]
Sentencing, DOC term exemption for serious youth
SENTENCING: Compelling interest (increased sentencing flexibility) for DOC exemption for serious youth offenders, not facially unconstitutional (legality considered 1st time on appeal)… as-applied challenge by imprisoned youth waived for failure to raise below… Irigoin affirmed. [Read more…]
Salvage storage/ineffective assistance
SALVAGE STORAGE/INEFFECTIVE ASSISTANCE: City junk ordinance not unconstitutionally vague as applied… counsel not ineffective for not challenging constitutionality or putting on case in chief in Municipal Court… sufficient evidence that items in yard had not moved for more than 5 days… Davies/Fagg affirmed. [Read more…]
Criminal mischief, parking lot/road rage
CRIMINAL MISCHIEF: Claims of destruction of exculpatory evidence (school videos, officers’ notes), improper limitation on cross rejected in parking lot/road rage case… misdemeanor conviction affirmed… Watters affirmed (IOR I-3(d)(v)). [Read more…]
Railroads, short line tort claims, preemption
RAILROADS: Tortious interference/misrepresentation/punitives claims by short-line operator over location of shuttle/elevator/spur preempted by ICCTA… Strong. [Read more…]
Settlement agreement, unknown claims
Settlement agreement encompassing claims which may be unknown frowned upon… Shea.
Yolanda Twoteeth and American Home Assurance entered into a stipulation [Read more…]
Settlements
Plan II
Christina Gwinn, low back, 9/07, $40,000, Jay Dufrechou
Shawna Sniff, upper extremities, 2/03, disputed additional claims following [Read more…]