SENTENCING: Abuse of trust excessive factor in 15 months for theft from school district, contrary to directions on remand from 16-months sentence… remanded for resentencing by different judge… Haddon [Read more…]
Archives for May 2009
Sentencing, mortgage broker fabricated statements
SENTENCING: Mortgage broker who based applications on fabricated financial statements properly sentenced to 3 times top of uppermost Guidelines range despite only “potential” losses by lenders… Lovell affirmed. [Read more…]
Child porn, search based on printed internet photo
CHILD PORNOGRAPHY: Suppression based on change of address and similar houses, computer equipment based on single photo believed to be from internet, properly denied… Defendant “in custody” prior to Miranda, but contrary finding harmless error… probable cause to arrest based on evidence found in search… burden not shifted by Judge’s [Read more…]
Indians, status for assault prosecution
INDIANS: Defendant with 22% Blackfeet blood fails to meet any of the 2nd-prong Bruce factors, improperly prosecuted as “Indian” for assault… although sufficiency of evidence challenge at close of Government’s case not preserved because no new challenge made [Read more…]
Settlements
Plan I
Vicki Lapke, multiple, 9/06, $40,000, Tom Murphy
Pamela Komondor, low back, 8/05, $29,006, Cameron Ferguson
David Davis, ankle, 5/92, $25,000, Richard Martin [Read more…]
Constructive trust, grantor-support agreement
CONSTRUCTIVE TRUST: Instruction on grantor-support agreement between son and mother properly denied… verdict of constructive trust in ranch in favor of son affirmed… Dayton affirmed (IOR I-3(d)(v)). [Read more…]
Work comp, “employer knowledge” of alcohol
WORK COMP: Insurer liable for DUI per “employer knowledge” of alcohol use… Shea affirmed. [Read more…]
Supervisory control, re-zoning/electric plant
SUPERVISORY CONTROL granted under urgency rationale in re-zoning/electric plant dispute to require Phillips to resolve remaining claims and issue final judgment, after which opponents can appeal and seek stay or injunction… order. [Read more…]
Property, legal v. “appropriate” access
PROPERTY: Buyers entitled to legal access under contract for deed, sellers obligated to defend prescriptive easement attempt or provide appropriate easement across adjoining lands, did neither, buyers entitled to damages including attorney fees for easement action, negligent [Read more…]
MRAP amendments
MRAP amendments adopted, rejected… order. [Read more…]
- « Previous Page
- 1
- …
- 3
- 4
- 5
- 6
- 7
- …
- 9
- Next Page »