Archives for 2009

Settlements

April 4, 2009 By lilly

Plan I

Vernon Engebritson, upper back, 9/04, disputed, $18,000, stipulated judgment; Garry Seaman for Engebritson, Kelly Wills for MCCF

Cindy Schmiding, low back, 4/00, total, $140,000, Steve Carey [Read more…]

False arrest/imprisonment/wrongful discharge

March 28, 2009 By lilly

FALSE ARREST/IMPRISONMENT/WRONGFUL DISCHARGE: Venue change based on publicity/marijuana bias properly denied… actions in hiring drug agent not relevant to false arrest claim… post-arrest evidence relevant to discharge claim, jury instructed not to use it to determine false arrest… sufficient probable cause for drug sting arrest of [Read more…]

State immunity, murder, discharged mental patient

March 28, 2009 By lilly

STATE IMMUNITY properly applied to Warm Springs in murder by discharged patient… McCarter affirmed.

Derek Yarnall, 23, schizo-affective, was taken to St. Peter’s Hospital in [Read more…]

Loan/procedure, .13% note v. 13% agreement

March 28, 2009 By lilly

LOAN/PROCEDURE: No undue prejudice by Judge amending counterclaim alleging mutual mistake (.13% interest in note v. 13% in agreement) to affirmative defense, but relief for lender on unpaid balance barred by 2-year statute… Todd affirmed, reversed. [Read more…]

Work comp, Lockhart fees jurisdiction/award

March 28, 2009 By lilly

WORK COMP: WCC has jurisdiction to determine Lockhart fees, correctly determined that work of Claimant’s attorney led to payment of benefits… Shea affirmed. [Read more…]

DD commitment, community services availability

March 28, 2009 By lilly

DD COMMITMENT: Clear & convincing standard retained rather than mental commitment standards… evidence of general conditions/practices at MDC properly excluded… actual rather than potential availability of community services properly considered… issue of overlapping recommitments and reversals of prior commitments settled by [Read more…]

Supervisory control, guardianship/conservatorship

March 28, 2009 By lilly

SUPERVISORY CONTROL of Irigoin denied in guardianship/conservatorship/estate case… order.

Tod Kasten alleges that Judge Irigoin has issued erroneous rulings in [Read more…]

Plea withdrawal, recanted PFMA allegation

March 28, 2009 By lilly

PLEA WITHDRAWAL: Girlfriend’s recanting PFMA allegation months before guilty plea not new evidence for withdrawal… Watters affirmed. [Read more…]

Drugs/procedure/assistance, amended charge

March 28, 2009 By lilly

DRUGS/PROCEDURE/INEFFECTIVE ASSISTANCE: New omnibus hearing not required following addition of lesser-included based on same facts… alternative charge not good cause for untimely motion to suppress… counsel not ineffective for not timely moving to suppress based on [Read more…]

Procedure/sentencing, instruction settling presence

March 28, 2009 By lilly

PROCEDURE/PROSECUTORIAL CONDUCT/SENTENCING: Constitutionality of §46-16-410(4) not considered first time on appeal in claim of denial of right to be present during settling of instructions… new trial properly denied based on Prosecutor’s reference to failure to call witnesses… parole conditions illegal, properly challenged first time on [Read more…]