DUI: Particularized suspicion for stop… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Archives for February 2010
International child abduction, “grave risk of harm”
INTERNATIONAL CHILD ABDUCTION: No showing of “grave risk of harm” under Hague Convention that would preclude return of child abducted by Montana father to her mother in Panama… Panama living conditions, legal system, health issues, [Read more…]
Settlements
Wrongful discharge, defense verdict, §39-2-915 fees
WRONGFUL DISCHARGE: §39-2-915 challenge not preserved for appeal… failure to make findings/conclusions as to fees not reversible as Plath factors addressed at hearing… finding that Plaintiff refused arbitration implicit in fact that arbitration [Read more…]
Deputy sheriff termination, $95,998 verdict
DEPUTY TERMINATION: Extra-statutory ulterior reasons for termination not precluded… judicial misconduct claim not supported… $95,998 verdict for deputy fired for allegedly spreading rumor as to jailers’ romantic entanglement, refusal [Read more…]
Property, partition/sale, siblings
PROPERTY: Partition/sale proper resolution of dispute as to property conveyed by deed from father to 5 children contrary to divorce agreement to divide among children… son who lived on property not 3rd-party beneficiary to agreement, adverse [Read more…]
Rape/sexual assault, children/pastor
RAPE/SEXUAL ASSAULT: Motion to dismiss for preaccusation delay not necessarily untimely after deadlines for other pretrial motions, but no substantial prejudice by 3 years between allegations by girls and investigation of pastor… no prosecutorial misconduct/conflict by CA filing charges after [Read more…]
Speedy trial, misdemeanor reckless driving
SPEEDY TRIAL: Difficult pregnancy of eyewitness to alleged reckless driving good cause for delaying misdemeanor trial past 6 months even though she ultimately was not called… Sherlock affirmed. [Read more…]
Plea agreement, breach, DUI hit & run
PLEA AGREEMENT: Judge did not breach agreement by rejecting it after accepting guilty pleas to DUI hit & run pedestrians death/injuries based on Boot Camp rejection, PSI concerns… Judge did not improperly insert himself into [Read more…]
DUI, prior ND DUIs
DUI: Claim of infirm prior ND DUIs rejected… Salvagni affirmed (IOR I-3(d)(v)). [Read more…]
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