Archives for 2009

Marital, maintenance reduction

July 11, 2009 By lilly

MARITAL: Maintenance properly reduced due to changed circumstances… Fagg affirmed (IOR I-3(d)(v)). [Read more…]

Traffic stop/search/seizure, speeding/drugs

July 11, 2009 By lilly

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

July 11, 2009 By lilly

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

July 11, 2009 By lilly

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

July 11, 2009 By lilly

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…]

Sentencing, assault of babysitting child

July 11, 2009 By lilly

SENTENCING: Defendant convicted of assault of babysitting child properly precluded from unapproved contact with his own child… criminal/negligent endangerment not “violent offenses” that require registration… McCarter affirmed, reversed. [Read more…]

Restitution, falsified customer return receipts

July 11, 2009 By lilly

RESTITUTION: Calculation of falsified customer return receipts reasonable… insurer subrogation challenge not preserved for appeal… Irigoin affirmed. [Read more…]

Restitution, damaged stolen vehicle

July 11, 2009 By lilly

RESTITUTION: $500 properly ordered for damaged vehicle… unknown additional amount improperly ordered… Irigoin affirmed, reversed (IOR I-3(d)(v)). [Read more…]

Settlement rescission, $1.1 med-mal, “fake” RSD

July 11, 2009 By lilly

SETTLEMENT RESCISSION: Doctor, hospital, insurers seeking to rescind $1.1 million med-mal settlement for alleged faking of RSD symptoms on inquiry notice by opinions of experts, suspicions of counsel, claims time-barred, statute not tolled by fraudulent concealment… claims also barred [Read more…]

Environment, sanitation harvest, beetle trees

July 11, 2009 By lilly

ENVIRONMENT: Small sanitation harvest of beetle infested trees allowed to proceed… categorical exclusion of EA/EIS properly applied… Lovell. [Read more…]