Archives for May 2011

Easement, unilateral relocation, subdivision road

May 28, 2011 By Frank

EASEMENT: Historical rights by big truck user accommodated by requiring subdivision developers to alter new road including [Read more…]

May 28, 2011 By Frank

MEDICAID: 5-year statute (not applied to retroactive application of Ahlborn in class action alleging excessive 3rd-party Medicaid [Read more…]

May 28, 2011 By Frank

RIGHT TO BE PRESENT: No reversible error in omnibus hearing without homicide Defendant… no prejudice to Defendant, so no [Read more…]

May 28, 2011 By Frank

SURVIVAL/PRE-IMPACT FRIGHT: Not enough time between collision and fatal blow to head after partial ejection for survival [Read more…]

May 28, 2011 By Frank

VERDICT: $1,450,000, intersection auto, admitted liability, brain/cervical fusion, future lumbar surgery. [Read more…]

May 28, 2011 By Frank

VERDICT: Defense, store restroom slip & fall, hip/ back/neck. [Read more…]

May 28, 2011 By Frank

SS DISABILITY: Pain/mental claims properly rejected, but stand/walk/sit assessments require clarification… [Read more…]

May 28, 2011 By Frank

“BRANDISHING” FIREARM: Although whether firearm was “brandished” is sentencing factor, jury properly instructed on [Read more…]

May 28, 2011 By Frank

MURDER/BURGLARY: Testimony of social worker expert properly limited… felony murder supported by evidence that Defendant [Read more…]

May 28, 2011 By Frank

SENTENCING: Firearm enhancement supported by connection between gun and meth conspiracy… 135 months substantively [Read more…]