DAM REPAIRS: Summary judgment for engineers proper based on 3-year tort statute (rather than 8-year contract statute)… summary judgment for repair company proper based on lack of causation between alleged grouting failure and leak… experts properly precluded for untimely disclosure… Langton. [Read more…]
Archives for 2009
Mental commitment, cognitive disorder, alcohol
MENTAL COMMITMENT: No evidence that cognitive disorder (as opposed to alcoholism or antisocial behavior) caused injury or posed threat… commitment reversed following release… Haynes reversed. [Read more…]
Property taxes, failure to respond to discovery
PROPERTY TAXES: Appeal to STAB properly dismissed for failure to respond to discovery… inadequate Supreme Court appeal briefing… Watters affirmed. [Read more…]
CPA, statute of limitations, certified question
CPA: Certified questions from Haddon as to CPA statute of limitations accepted… order.
Judge Haddon certified the following: [Read more…]
Marital, parenting plan, lack of findings
MARITAL: Lack of findings & conclusions requires remand of parenting plan modification… Phillips reversed.
Lisa and Douglas Banka divorced in 2001 and a parenting plan was [Read more…]
Sentencing, PFO, forgery/embezzlement
SENTENCING: PFO statute correctly applied to forgery/embezzlement defendant… Dayton affirmed.
Margaret Anderson, a deputy Powell Co. treasurer, confessed to forgery in [Read more…]
Sentencing, gambling/alcohol/mental conditions
SENTENCING: Sufficient nexus between embezzlement and gambling restriction, but not alcohol/mental evaluation conditions… Fagg affirmed, reversed. [Read more…]
DUI/sentencing, defective brake lights, gambling
DUI/SENTENCING: Sufficient reason to stop based on no apparent brake lights, even though officer failed to check lights after stop… prior DUI with missing record adequately validated by JP testimony… gambling sentence restriction waived by failure to object… Rice affirmed. [Read more…]
DUI, enhancement
DUI: Prior DUIs valid, properly used to enhance to felony… Rice affirmed.
Shirlene Walker was charged with felony DUI based on 6 prior DUIs. She [Read more…]
Vehicular assault, right to plead guilty, jeopardy
VEHICULAR ASSAULT: Any error by City Court denying Defendant statutory right to plead guilty to DUI harmless, Defendant not wrongly deprived of double jeopardy defense to vehicular assault charges in District Court… time served in Idaho on Montana bench warrant should be credited… Krueger affirmed, reversed. [Read more…]
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