ATTORNEY DISCIPLINE: Assault with weapon, tampering, false reports warrant immediate suspension pending COP proceedings… order. [Read more…]
Archives for 2009
Property taxes, notice of appeal from STAB
PROPERTY TAXES: Notice of appeal from STAB complies with specific STAB statute… McCarter affirmed. [Read more…]
Contempt, appealability
CONTEMPT order against Canadian drugs broker not appealable… order. [Read more…]
Marital, forfeiture, failure to pay mortgage
MARITAL: $1,200/mo rental of rural marital home properly approved… equitable to refuse to enforce decree providing that husband would forfeit interest in house if he failed to make mortgage payments given dramatic change in nature of case… Tucker affirmed. [Read more…]
Marital, support income projection, custody
MARITAL: Income for support properly projected for self-employed welder with sharp increase in wages without averaging 3 years… primary custody properly awarded to wife in Oklahoma… $500/mo [Read more…]
Marital/judicial substitution, deadline
MARITAL/JUDICIAL SUBSTITUTION: Supervisory control of Seeley denied in judicial substitution denial 30 days after assumption pursuant to 10-day limit under 3-1-804(1), but Court intends to rewrite judicial substitution provisions for clarity… order. [Read more…]
Plea withdrawal, mitigated v. deliberate homicide
PLEA WITHDRAWAL: Defendant did not effectively withdraw nolo plea to mitigated deliberate homicide after Judge first accepted plea then rejected plea agreement… Judge did not obtain acknowledgment that Defendant understood rights and made voluntary waiver of right to stand on nolo plea… Defendant improperly tried and convicted on deliberate [Read more…]
Youth sex offender, registration, judge substitution
YOUTH SEX OFFENDER properly required to register… ex post facto/vagueness challenges to registration inadequately raised below… no filing fee required in YCA proceedings, motion to substitute judge improperly denied for failing to timely pay civil filing fee, new judge to preside in future… McKinnon affirmed, reversed. [Read more…]
Sentencing, felony assault, weapon enhancement
SENTENCING: Felony assault sentence illegally enhanced for use of weapon, legal part expired prior to revocation, Defendant improperly revoked… habeas granted, ordered discharged… opinion & order. [Read more…]
Criminal mischief, felony value of car, youth
CRIMINAL MISCHIEF: Finding that car’s value before vandalization was “at least $1,000” insufficient to establish felony “loss in excess of $1,000”… remanded for misdemeanor disposition of youth… Irigoin reversed. [Read more…]
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