RAPE: Prosecutor may have taken some “license” in interpreting DNA testimony but no evidence that she “knowingly” presented [Read more…]
Archives for May 2011
PFMA/procedure, conviction reversal, State appeal
PFMA/PROCEDURE: State not barred by double jeopardy from appeal of District Court reversal of JP Court conviction… sufficient [Read more…]
DUI, standard for challenging prior DUIs
DUI: Standard for challenging prior DUIs modified to give defendant heavy burden to establish, with affirmative evidence, [Read more…]
DUI, community caretaker, isolated road
DUI: Community caretaker doctrine properly applied to stop of vehicle on isolated road in early morning… Phillips affirmed (IOR [Read more…]
Ineffective assistance, late JP Court retrial
INEFFECTIVE ASSISTANCE: Counsel was ineffective in not moving for dismissal after 6 months following Justice Court mistrial, [Read more…]
Insurance/jurisdiction, unsettled choice of law
INSURANCE/JURISDICTION: Discretionary jurisdiction declined over declaratory indemnity action involving coverage dispute [Read more…]
Agisters’ lien, constitutionality
AGISTERS’ LIEN: Statute unconstitutional in not providing adequate pre-deprivation due process opportunities… summary [Read more…]
Settlements
Plan I
Charlotte Suzor, knee, 4/82, disputed hip injury accepted as resulting [Read more…]