Archives for January 2010

Marital, pre-nup, improvements, 27-year marriage

January 23, 2010 By Frank

MARITAL: Pre-nup encompassed only property at time of marriage, substantial improvements by wife over 27 years equitably distributed… pension properly divided… Harkin affirmed. [Read more…]

Parental rights, abandonment, support obligations

January 23, 2010 By Frank

PARENTAL RIGHTS: Young unmarried father did not willfully abandon son, made significant efforts to meet support obligations, being in arrears does not necessitate [Read more…]

Rape/speedy trial, 3,137 days delay, avoidance

January 23, 2010 By Frank

RAPE/SPEEDY TRIAL: 3,137 days between warrant and arrest not violative of speedy trial given Defendant’s apparent avoidance of apprehension, although State could have done more knowing he was crossing Mexican border multiple [Read more…]

Rape, intoxicated victim

January 23, 2010 By Frank

RAPE: Claims of prosecutorial misconduct, ineffective assistance, insufficient evidence, testimony of victim’s boyfriend, public defender fee, rejected… conviction of 3 [Read more…]

Endangerment, constitutionality, DUI Defendant

January 23, 2010 By Frank

ENDANGERMENT statute not unconstitutionally vague as applied to DUI Defendant who crashed into vehicle causing injuries… conviction affirmed… Fagg affirmed. [Read more…]

Appointed counsel, reimbursement

January 23, 2010 By Frank

APPOINTED COUNSEL reimbursement properly ordered paid to Clerk, although other options… Langton affirmed. [Read more…]

Judicial sale, deposit return, failed financing

January 23, 2010 By Frank

JUDICIAL SALE terms & conditions modified to permit return of $15,000 deposit after failed good-faith effort to obtain financing… Molloy. [Read more…]

Settlements

January 23, 2010 By Frank

Plan I

James Burke, injured in 8/05, died in 3/08, $39,000, stipulated judgment; Steven Carey for Burke, Kelly Wills for Roseburg Forest [Read more…]

Appeal, request to expedite, comp bad faith

January 16, 2010 By Frank

APPEAL: Expedited processing denied for interlocutory appeal of Krueger’s class action certification of long-standing work comp common law bad faith/fiduciary claims against MPC, NWE, adjuster… order. [Read more…]

Mitigated deliberate homicide, bar fight

January 16, 2010 By Frank

MITIGATED DELIBERATE HOMICIDE: Jury correctly instructed on mitigated deliberate as lesser-included of deliberate, presumed to follow instruction despite erroneous verdict form similar to one proposed by Defendant, no Demontiney error… aggravated assault lesser-included instruction properly [Read more…]