JUDGE SUBSTITUTION: Weekends improperly not considered in denying motion for substitution as untimely… supervisory control of Tucker granted… order. [Read more…]
Archives for 2009
Sexual exploitation/child pornography
SEXUAL EXPLOITATION/CHILD PORNOGRAPHY: Images of stepdaughter depict lascivious exhibition of genitals or pubic area and thus are “sexually explicit conduct”… §§ 2251(a) & (b) separate offenses, convictions of both based on same episode of nude photos of stepdaughter not double jeopardy… creating photos separate conduct [Read more…]
UM/UIM/med-pay class action settlement
SETTLEMENT: UM/UIM/med-pay class action against Nationwide Companies, 100% of stacked benefits, 10% interest, attorney fees. [Read more…]
Costs objections
Costs objections sustained as to professional fees incurred after trial for valuing judgment and appellate mediation fee… Shea. [Read more…]
Negligence, defense verdict, high-speed pursuit
NEGLIGENCE/JURY: Challenge of taxpayers on jury in trial against County rejected… venue change based on jurors’ status as taxpayers properly denied… voir dire properly restricted as to insurance… landowner concerned about source of award properly not excused for cause… JNOV/new trial properly denied in verdict for County in [Read more…]
Negligence/slander, child sex abuse allegation
NEGLIGENCE/SLANDER: Defendants who investigated and removed child from home based on unsubstantiated allegations of sexual abuse by father entitled to statutory immunity… Dayton affirmed (IOR I-3(d)(v)). [Read more…]
Judge substitution, revised rules
JUDGE SUBSTITUTION rules revised… order. [Read more…]
Failure-to-remain statute constitutionality
FAILURE-TO-REMAIN statute not unconstitutionally vague facially or as applied… supervisory control granted, Watters reversed… opinion & order. [Read more…]
Assault with weapon, lawyer/defendant
ASSAULT WITH WEAPON: Lawyer/Defendant’s right to counsel, disqualification, suppression, speedy trial, expert/other crimes, 61-year sentence challenges properly rejected… Watters affirmed (IOR I-3(d) [Read more…]
Sentencing, DUI, District Court/Justice Court
SENTENCING: Claim that District Judge improperly considered JP DUI sentence rejected… McLean affirmed (IOR I-3(d)(v)). [Read more…]
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