JUDICIAL CONDUCT: JP removed based on misconduct as to 5 women in his Court… order.
6 women complained about conduct by Lincoln Co. JP Hicks. Following investigation and a hearing the Judicial Ethics Commission on 10/17/08 [Read more…]
Archives for 2009
Drugs/search/sentencing, phone conversations
DRUGS/SEARCH/SENTENCING: Defendant failed to establish error in not suppressing recorded phone conversation with informant… no alcohol condition nexus, stricken… unobjected conditions not appealable… Task Force a “victim” for restitution since Defendant agreed to pay… Day affirmed, reversed. [Read more…]
Drugs/sentencing, “hearsay” tip, conditions
DRUGS/SENTENCING: Sufficient evidence of meth possession independent of “hearsay” tip… unobjected probation conditions waived for appeal… prosecution/victim’s fees improper… Rice affirmed, reversed. [Read more…]
Sentencing, parole conditions, felony DUI fine
SENTENCING: No authority to impose parole conditions… $28,850 fine exceeds $10,000 maximum for felony DUI… Stadler reversed.
Randy Dennis pled guilty in 2000 to burglary and was sentenced to 15 years with DOC, 10 suspended, $500 fine. He was revoked in 8/05 and sentenced [Read more…]
PFMA, expert disclosure, juror bias
PFMA: State complied with expert disclosure requirements by listing victim advocate despite not filing report of expected testimony, constitutionality of discrepancy between prosecutor’s and defendant’s disclosure duties not reached… prospective juror predisposed against [Read more…]
Employee/contractor carpenter, casual employment
Carpenter not independent contractor, but fact issues as to home owner’s profit motive preclude summary judgment as to casual employment on residence… Shea. [Read more…]
Settlements
Plan I
No lawyer: Stephanie Softich, elbow, 04, $15,825; Caria Maedche, upper extrems, 07, $32,003; Marc Sauter, low back, 07, $40,826 [Read more…]
Mental commitment, probable cause hearing
MENTAL COMMITMENT: No statutory or due process right to probable cause hearing at initial appearance, right to immediate detention hearing sufficient to challenge probable cause… Stadler affirmed. [Read more…]
Mental commitment, “friend,” findings
MENTAL COMMITMENT: No error not to appoint “friend” where no one willing to serve… findings sufficiently detailed… omission of recommendations in professional report harmless error… McKinnon affirmed. [Read more…]
Parental termination/adoption, step-mother
PARENTAL TERMINATION/ADOPTION: Stepmother had standing to petition to terminate noncustodial parent’s rights… mother properly found to be unfit, child available for adoption by stepmother… Larson affirmed. [Read more…]
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