AGE DISCRIMINATION claim by RR “extra board” clerk trainee rejected… Terry Spear/HRC. [Read more…]
Archives for July 2009
Attorney fees, multiple HR clients, overpayment
ATTORNEY FEES: Arbitrary hours attributed to other clients improperly deducted from HR fee award for prevailing client with interrelated claims where no evidence to support segregation… $28,063 overpayment properly offset from fee award, not barred by waiver, equitable estoppel, laches, release… post-judgment interest on $61,241 fee award, no pre- [Read more…]
Procedure, appellate oral argument ruling
PROCEDURE: Oral argument denied in out-of-sequence ruling… order. [Read more…]
Procedure, appealability prior to sanctions amount
PROCEDURE: Appeal premature before determination of amount of sanctions against legal malpractice Plaintiff for spoliation… order. [Read more…]
Marital, maintenance termination
MARITAL: Maintenance properly terminated due to changed circumstances… Watters affirmed. [Read more…]
Marital, maintenance reduction
MARITAL: Maintenance properly reduced due to changed circumstances… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Traffic stop/search/seizure, speeding/drugs
TRAFFIC STOP/SEARCH & SEIZURE: Inferences of wrongdoing justified drug questioning following speeding ticket… no prejudice from search of vehicle which yielded nothing, Defendant waived right to object to search of vehicle registered in wife’s name… Defendant properly [Read more…]
Traffic stop, citizen informant, DUI/drugs
TRAFFIC STOP justified based on citizen informant’s information, officer’s corroboration… suppression properly denied, DUI/drug convictions affirmed… Baugh affirmed. [Read more…]
DUI, private road, open to public
DUI: Road in private subdivision correctly found as matter of law to be “way of this state open to the public”… Larson affirmed (IOR I-3(d)(v)). [Read more…]
Plea withdrawal, mental competence, SIWC
PLEA WITHDRAWAL: Defendant understood SIWC maximum, adequately advised that plea would be final even if agreement not accepted, claim that he should have been advised that he waived sexual assault instruction because penetration of 6-year-old absurd, debunked by [Read more…]