INEFFECTIVE ASSISTANCE: Rape/incest Defendant not prejudiced by counsel’s unfulfilled promise in opening to call sex offense expert… counsel met professional responsibilities [Read more…]
Archives for May 2010
Ineffective assistance, jury query meeting absence
INEFFECTIVE ASSISTANCE: No prejudice shown by appellate lawyer failing to raise Defendant’s absence from jury query meeting, outcome would not have been different… [Read more…]
Rape/sexual assault, masseur finger, no rape exam
RAPE/SEXUAL ASSAULT: Failure to do rape exam of massage client who claimed digital penetration not amenable to plain-error review… claim of ineffective assistance for not moving to dismiss or reduce charges based on lack of exam more suited for postconviction… mistrial not warranted by brief [Read more…]
Restitution, $739,312 embezzlement by mother
RESTITUTION: Forgery accountability defendant properly ordered to pay $739,312 embezzled from State by his mother and passed to him for gambling, even though he purportedly believed it came from his step-father’s business… full [Read more…]
Postconviction DNA, hit & run driver identity
POSTCONVICTION DNA: Hit & run driver identity was significant issue, but DNA testing of bloody envelope found on passenger side would not establish whether Defendant was the driver… (first impression, de novo review standard)… no [Read more…]
Speedy trial/sentencing, multiple offenses
SPEEDY TRIAL/SENTENCING: Defendant who pled guilty and waived speedy trial in acknowledgment/ waiver in 1st plea change and during colloquy in 2nd plea change failed to [Read more…]
Grizzly mauling, employee v. volunteer, pot use
Claimant injured while feeding grizzly was employee of bear park, not volunteer… use of marijuana ill-advised or mind-bogglingly stupid but not “major contributing cause” of [Read more…]
Settlements
Plan I
Misti Andersen, hip, 9/02, disputed, $200,000 new money ($125,000 MSA), stipulated judgment; John Doubek for Andersen, Michael [Read more…]
Attorney practice, attorney-at-law rules
ATTORNEY PRACTICE: Rules proposed for regulation of attorney-at-law practice… order. [Read more…]
Marital, post-decree property violations
MARITAL: Husband forfeited right to use ex-wife’s property for auto dealership by transferring free rent right to buyer of dealership, properly required to pay $2,500/mo rent after partial transfer of dealership… $68,476 fees at $175/hr [Read more…]
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