CHILD PORNOGRAPHY: Hearing not required on whether to vacate receipt or possession, or on new sentence on remand… same sentence on remand… Molloy affirmed (unpublishedl). [Read more…]
Archives for May 2010
Felon in possession, 922(g)(1) constitutionality
FELON IN POSSESSION: §922(g)(1) not unconstitutional after Heller… burglary discharge date properly determined for base level… enhancement proper for pre-sentence escape, [Read more…]
Environment, Rock Creek Mine project
ENVIRONMENT: Rock Creek Mine approval vacated… Molloy. [Read more…]
3rd-party respondent fees
3rd-party respondent not entitled to fees… Shea. [Read more…]
Settlements
Plan I
Kaylene Strutz, low back, 5/09, disputed, $125,000 ($25,000 MSA), 20% Lockhart lien, stipulated judgment; Thomas Murphy for Strutz, [Read more…]
Negative easement, referenced plat, no-build area
NEGATIVE EASEMENT: Referenced plat’s “Building restriction line” bars garage on side of line with label… garage properly ordered removed… McNeil affirmed. [Read more…]
Old county road, public access to State land
OLD COUNTY ROAD: Public access established to corner of State land via right-of-way to overgrown but not abandoned road… Deschamps affirmed. [Read more…]
Marital, decision to move, parenting plan
MARITAL: Wife on remand again wrongly penalized in amended parenting plan for decision to move… Simonton reversed. [Read more…]
DUI, ranch driveway, prior DUI
DUI: Driver traveled on way of State to reach ranch driveway… no abuse of discretion in not taking judicial notice of JP disallowance of prior DUI, unsigned forms insufficient to overcome presumption of regularity… circumstantial [Read more…]
Double jeopardy, parole/suspension revocations
DOUBLE JEOPARDY not violated by revocations of parole and suspended sentence based on same violative acts… issue not [Read more…]