NEGLIGENCE: Former girls’ school inmate knew or should have known of relationship between smoking and her illness because she was advised throughout the 90s, admitted [Read more…]
Archives for July 2010
Zoning, power plant, spot zoning, mootness
ZONING: Claim of spot zoning from Agricultural to Heavy Industrial to accommodate power plant not mooted by amendment of unrelated zoning regulations, no quantifiable evidence adduced in support of argument that claim moot [Read more…]
Rape, drug use, nude photos, transaction rule
RAPE: Evidence of drug use improperly allowed in support of rape charge, not harmless error… photos of naked women and Defendant improperly allowed under transaction rule, not [Read more…]
Aggravated assault, reference to sex abuse
AGGRAVATED ASSAULT: Any error from reference to sexual allegation presumed cured by cautionary instruction, but rebutted, overwhelming evidence of abuse of infant, mistrial properly denied… Larson affirmed. [Read more…]
Restitution, civil, interest
RESTITUTION: Civil judgment 6 years after original order properly limited to unpaid restitution with no accrued interest… McKinnon affirmed. [Read more…]
Insurance, accidental death, Fentanyl overdose
INSURANCE: Death caused by overdose of Fentanyl prescribed for back pain and pancreatitis was sudden, unforeseeable external event which caused injury, not contributed to by disease, sickness, infirmity… accidental death policy [Read more…]
Bankruptcy, quiet title
BANKRUPTCY: Quiet title for Debtor properly made on existing record after Defendants failed to submit additional information by deadline… Peterson/Molloy affirmed (unpublished). [Read more…]
Sentencing, manslaughter
SENTENCING: 160 months above-Guidelines for manslaughter substantively reasonable in light of convictions for violent conduct, 1983 murder… Haddon affirmed (unpublished). [Read more…]
Sentencing, theft from tribal organization
SENTENCING: Leader/organizer enhancement for theft from tribal organization proper, but remanded for reconsideration of “abuse of trust” enhancement in light of subsequent Contreras… Haddon affirmed, reversed (unpublished). [Read more…]
Sentencing, child pornography
SENTENCING: 240 months for child pornography affirmed… Cebull affirmed (unpublished). [Read more…]
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