DUI/YOUTH: City Judge’s records provide evidence that youth waived right to counsel in predicate DUI… counsel properly waived without parent consent since YCA not applicable to DUI… felony DUI properly not reduced to misdemeanor… Honzel affirmed. [Read more…]
Archives for April 2009
Plea withdrawal, lesser-included assault
PLEA WITHDRAWAL: Not necessary to analyze lack of specificity as to lesser-includeds when no basis for misdemeanor assault in aggravated assault case given injuries and admissions… plea withdrawal properly denied… Macek affirmed. [Read more…]
Plea withdrawal, Alford, postconviction withdrawal
PLEA WITHDRAWAL: Alford plea to felony robbery entered voluntarily, Defendant not allowed to withdraw it in postconviction proceeding… Harkin affirmed. [Read more…]
$7,490,000 verdict, 18 Plaintiffs, CO exposure
VERDICT: $7,490,000, 18 Plaintiffs, CO exposure, brain, defective heating system, 70% negligence by manufacturer, 30% negligence by settled installer. [Read more…]
Defense verdict, sex discrimination, professor
DEFENSE VERDICT: Sex discrimination/equal pay, university professor.
Alexandra Vinogradov joined the MSU Dept. of Industrial & Mechanical Engineering in 1991 as an associate professor. She was the only woman in the department. She was granted tenure 5 years later. In 1997 she applied for promotion to full professor, but was not promoted until 1999. She sued [Read more…]
Adjuster’s computer notes, “written” consent
Adjuster’s computer notes authorizing TTD after returning to alternative employment constitutes “written” consent… Roche does not disallow both wages and TTD if worker has written consent of insurer… successor adjuster unreasonable in attempting to conceal note, threatening legal action if Claimant failed to return benefits, failing to properly maintain [Read more…]
Settlements
Plan I
Kory Kennedy, back/neck/elbow/wrists/hands/fingers numbness/pain while driving as meter reader, 6/03, disputed liability for cervical/thoracic/low back chiropractic treatment, $20,000 new money, 2003 cubital tunnel claim [Read more…]
Right to know/privacy, child abuse/neglect
RIGHT TO KNOW/PRIVACY interests in child abuse/neglect matters properly accommodated by in camera/redaction pursuant to statute… Sherlock affirmed. [Read more…]
Felony murder/aggravated assault, jeopardy
FELONY MURDER/AGGRAVATED ASSAULT: Aggravated assault conviction should have been dismissed where felony murder conviction was predicated on same assault… decided on criminal procedure code, not double jeopardy… ineffective assistance claim best suited for [Read more…]
Aggravated assault, jury, exculpatory evidence
AGGRAVATED ASSAULT: Commissioner who knew of case from conferences with former prosecutor should have been dismissed for cause… due process not violated by loss of video interview of Defendant’s father, who testified at trial… father’s prior written [Read more…]