ATTORNEY DISCIPLINE: Lawyer must be transferred to disability/inactive status upon request pursuant to MRLDE 28F… order. [Read more…]
Archives for 2009
Marital, due process, support increase
MARITAL: Father afforded procedural due process as to supplemental financial information in support modification proceeding… sufficient evidence to support findings adopted verbatim from mother’s proposed findings… support properly raised from $225 to $837/mo… fees below, not on appeal… Lympus affirmed (IOR I-3(d)(v)). [Read more…]
Negligent vehicular assault, prosecutor conduct
NEGLIGENT VEHICULAR ASSAULT: Plain-error review of prosecutorial conduct declined… ineffective assistance claims for not objecting to Prosecutor’s comments more amenable to postconviction… Rice affirmed (IOR I-3(d)(v)). [Read more…]
Habitual traffic offender, mail notice
HABITUAL TRAFFIC OFFENDER: Mail notice of habitual offender status and license revocation satisfies procedural due process… Curtis affirmed (IOR I-3(d)). [Read more…]
DUI, vehicle stopped in road, claimed texting
DUI: Particularized suspicion to stop vehicle stopped in road, making u-turn, notwithstanding claim that behavior due to texting… Larson affirmed (IOR I-3(d)(v)). [Read more…]
Appearance delay, DUI
APPEARANCE DELAY: No unnecessary delay between arrest and initial appearance of DUI Defendant… Dayton affirmed (IOR I-3(d)). [Read more…]
Assault with weapon (vehicle)/DUI, assistance
ASSAULT WITH WEAPON/DUI: Ineffective assistance claim rejected… vehicular assault Defendant’s father properly allowed to read from transcript of jail conversation between Defendant and father… McLean affirmed (IOR I-3(d)). [Read more…]
Attempted deliberate homicide, other weapons
ATTEMPTED DELIBERATE HOMICIDE: Any error in admitting numerous weapons/paraphernalia found in car harmless in light of Defendant’s admission that he shot into 3 moving vehicles with pistol affixed with laser and silencer… Langton affirmed (IOR I-3(c)). [Read more…]
Legal malpractice, duty to non-client beneficiaries
LEGAL MALPRACTICE: Attorney who prepared original trust documents for parents and discussed with parents amendments to benefit 3 of 5 children owed no duty to non-client potential beneficiaries (the 3 children) to see that amendments were executed… claim also time-barred… Gustafson. [Read more…]
Settlements
Plan I
Terry Ullom, knee, 12/78, disputed, $43,000, stipulated judgment; Chris [Read more…]
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