TRUST: Common fund applies to recovery for failure to invest in stocks over 30 years… pre-judgment interest to accrue on stipulated $14,611,000 loss at 10%… Neill. [Read more…]
Archives for March 2009
Elections, disclosure/reporting requirements, CI-96
ELECTIONS: Montana’s disclosure/reporting requirements unconstitutionally vague/violative of free speech as applied to Church’s de minimis CI-96 marriage amendment activities… Higgins/Molloy reversed. [Read more…]
Ineffective assistance, contact of co-defendant
INEFFECTIVE ASSISTANCE: Unauthorized contact with co-defendant not per se ineffective assistance… no evidence that violation impaired ability to represent Defendant… no showing of prejudice under traditional Strickland claim… new lawyer properly denied when Defendant affirmed decision to continue with original lawyer… meth conviction affirmed… [Read more…]
Child pornography, “directed” download, admission
CHILD PORNOGRAPHY: Interrogation answers properly found voluntary, not result of Tylenol III or coercion… sufficient evidence of receipt/possession of child porn downloaded by retarded man at Defendant’s direction… Lovell affirmed. [Read more…]
Child pornography, sentencing enhancement
CHILD PORNOGRAPHY: Admissions in sex offender registration documents constituted sufficient proof that Maryland sex abuse conviction was qualifying predicate for sentencing enhancement… Lovell [Read more…]
Vacation pay/employer 401(k) “wages,”
Vacation pay accrued pre-injury but paid post-injury, employer 401(k) contributions, not “wages” under §123… §123 constitutional challenge rejected… penalty may be imposed for failure to pay Lockhart lien… sanctions against Claimant denied… Shea. [Read more…]
Settlements
Plan II
Edward Smith, head/knee/neck, 5/05, 5/06, 5/08, disputed, $95,000, $35,000 MSA, stipulated judgment; Lucas Foust for Smith, Kelly Wills for Sentry Ins. [Read more…]
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