MEDICAL MALPRACTICE: Plaintiff deprived of fair trial by panelists’ concerns about preponderance of evidence standard, Defense counsel urging jurors not to put “black [Read more…]
Archives for May 2010
Work comp bad faith, class certification
WORK COMP BAD FAITH/CLASS CERTIFICATION: Malice/punitives claims not fact intensive as to individual class members (unlike fraud claims), properly included in class action… class properly defined… Krueger affirmed. [Read more…]
Appellate mediation, fees “monetary recovery”
APPELLATE MEDIATION applicable to appeal of J. Brown’s denial of attorney fees sought from insurer in action in which mother declined to serve as conservator to manage $25,000 settlement for minor daughter injured in motorcycle [Read more…]
Endangering welfare of child, tying ankle to bed
ENDANGERING WELFARE OF CHILD: Insufficient evidence that father knowingly endangered child by tying to bed by ankle to prevent harming sister… conviction reversed… Jewell/Seeley [Read more…]
Revocation, ineffective assistance
REVOCATION/INEFFECTIVE ASSISTANCE: Revocation proceeding following 72-hour hold & release not 2nd sanction/double jeopardy, lawyer not ineffective by failing to [Read more…]
Criminal endangerment/mischief, youth vandal
CRIMINAL ENDANGERMENT/MISCHIEF: Interview video “statements” admissible as adopted by Defendant or not hearsay… corroborating circumstantial evidence of criminal [Read more…]
DUI, erratic v. cautious driving
DUI: Reasonable grounds to stop based on erratic driving over claim of cautious driving… license reinstatement properly denied… Haynes affirmed (IOR I-3(d)(v)). [Read more…]
Jury, panel list, rehearing denial
JURY: Rehearing denied as to holding that Defendant failed to demonstrate that Sandefur abused discretion in interpreting ambiguous statute as new panel list must include drivers in [Read more…]
Verdict, $27,152 to motorcyclist, $800 van damage
VERDICT: $27,151.95 net (50/50) to motorcyclist Plaintiff for foot crush fractures, $800 (50/50) net to Defendant for van damage. [Read more…]
Child pornography, receipt, sentencing, conditions
CHILD PORNOGRAPHY: 97 months prison for receipt substantively reasonable… remanded for consideration of whether supervised release ban on proximity to children should allow attendance at school events with Defendant’s [Read more…]
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