Plan I
Richard Heinert, low back, 6/92, total, $38,712, Tom Murphy [Read more…]
Archives for July 2010
Disability, SSD inconsistency, qualified individual
DISABILITY DISCRIMINATION claim for not rehiring apiary laborer following leg amputations rejected as inconsistent with SSD representations of inability to do former tasks (claimant estopped from arguing that he is qualified individual with disability)… punitives not available in Title 42 Ch. 2 [Read more…]
Grandparent contact, modification/termination
GRANDPARENT CONTACT: Stipulation not “contract” that mother “breached” by moving to terminate, Judge must make fitness determination, allow evidence that [Read more…]
Marital, default divorce
MARITAL: Default against wife properly not set aside over claim that she was incapacitated by depression and hospitalization… Haynes affirmed (IOR I-3(d)(v)). [Read more…]
Obstruction, ineffective assistance, “knowing”
OBSTRUCTION/INEFFECTIVE ASSISTANCE: “Knowing” element requires more than defendant was aware of his conduct… counsel ineffective for not objecting to instruction (plain error review)… remanded for new trial… Phillips reversed. [Read more…]
Plea withdrawal, pre-Goetz Alford plea
PLEA WITHDRAWAL properly denied to Defendant who entered Alford plea in wired sting despite Goetz (issued after plea, prior to sentencing)… Christopher affirmed. [Read more…]
PFMA, in absentia trial, pro se
PFMA: Challenges to sufficiency of waiver as to trial in absentia, denial of right to proceed pro se, not preserved for appeal… J. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Sanitary regulations, outbuildings
SANITARY REGULATIONS: 2007 regulations only contemplated physical enlargements/additions to structure of residence, no notice that outbuildings moved to property would be considered “increased use” or “bedrooms”… 2007 definitions [Read more…]
Death penalty, amended affirmance
DEATH PENALTY: Opinion affirming Lovell’s denial of habeas for death row convict amended by striking 2 sentences… no further petitions for panel or en banc rehearing allowed… order. [Read more…]
Amendment to assert Flynn fee/penalties claim
Flynn Petitioners allowed to amend to assert claims for fees/penalties against Common Fund Insurers… Shea. [Read more…]