DUI: Requirement of LEA training within 1 year of appointment not applicable to deputy who made arrest within 1-year period… deputy was peace officer, not reserve officer, authorized to arrest without direct supervision… particularized suspicion supported by totality of [Read more…]
Archives for April 2009
$146,670 verdict, house footing drainage
VERDICT: $146,670, house contractor/vendor and settled subdivision developer negligent as matter of law as to water entering crawl space, excavator found negligent by jury, contractor 53%, excavator 24%, developer 23%… defense verdict for contractor and excavator on [Read more…]
Settlements
Plan I
Aaron Wilcox, hand, 1/06, total, $135,000, Russell Plath
Lillian Swihart, low back, 6/05, $15,500, Robert Whelan [Read more…]
Insurance, defend/indemnify, facts v. complaint
INSURANCE: Insurer may not ignore facts that may give rise to coverage simply because complaint fails to recite… insurer required to defend, and, under subcontractor exception to exclusion for “covered work,” indemnify against subcontractor-caused damage in environmental toilet suit… Salvagni reversed. [Read more…]
Marital, inheritance, separate businesses
MARITAL: Some of husband’s inheritance properly included in estate… wife’s separation condo properly excluded… each properly awarded own businesses… reopen for redirect/rebuttal properly denied… McCarter affirmed. [Read more…]
Deliberate homicide accountability, threat to kill
DELIBERATE HOMICIDE ACCOUNTABILITY: Claim of ineffective assistance for not requesting accomplice instruction more amenable to postconviction… Defendant’s statement from 4 years earlier that he would like to kill victim properly admitted… Prosecutor’s comments on [Read more…]
Sexual assault, sentencing, ineffective assistance
SEXUAL ASSAULT: Defendant not sentenced on materially inaccurate information following corrected PSI as to number of felonies… ineffective assistance claims as to sentencing, direct appeal, postconviction counsel rejected… Haynes affirmed. [Read more…]
Incest, juror disqualification, other incest
INCEST: Panelist properly not excused for cause, Judge’s questioning was clarification, not improper rehabilitation … notice of other acts of incest properly relied primarily on transaction rule and alternatively on Just as matter of caution… 4 incest life sentences improperly imposed [Read more…]
Incest, common law marriage, refusal to admit
INCEST: Sufficient evidence of common law marriage to support incest of “stepdaughter”… objection to undisclosed testimony untimely, waived… no parole until sex treatment within sentencing authority… limited contact with victim and her family reasonable probation condition, [Read more…]
DUI, odd angle parking in bar lot, erratic driving
DUI: Sufficient particularized suspicion by odd angle of parking in bar lot, erratic driving… City officer had authority to stop outside city limits, sufficient probable cause for arrest… notice to appear & complaint in Municipal Court properly elected by officer over charge in District Court, [Read more…]
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