PROBATE: Evidence exclusion in will challenge affirmed… Rice affirmed (IOR I-3(c)). [Read more…]
Archives for November 2011
Mental commitment, insufficient supporting facts
MENTAL COMMITMENT invalid for failure to state detailed supporting facts… Langton reversed. [Read more…]
Discrimination, untimely judicial review petition
DISCRIMINATION: No equitable reasons for tolling judicial review petition time in challenge of casino banishment… [Read more…]
Marital, pension valuation
MARITAL: Time rule valuation of pension should have been applied where age at retirement, salary, length of service cannot be applied until retirement… Seeley reversed. [Read more…]
Justifiable force, character evidence of victim
JUSTIFIABLE FORCE: Rulings on victim’s character, force in defense of occupied structure, properly applied under HB 228 [Read more…]
Right to counsel/sentencing, bizarre Defendant
RIGHT TO COUNSEL/SENTENCING: Bizarre defendant mentally capable of proceeding pro se, Judge balanced right to counsel [Read more…]
Sentencing, Defendant with mental problems
SENTENCING: Aggravated assault Defendant with mental problems properly sentenced to 1 year DOC, 19 years MSP, [Read more…]
Sentencing, restitution (counseling), conditions
SENTENCING: 1999 restitution statutes requiring documentation of victim’s pecuniary loss and defendant’s [Read more…]
DUI, vehicle drift onto centerline
DUI: Particularized suspicion to stop vehicle that repeatedly drifted onto centerline at 1 a.m. Saturday… Sherlock affirmed. [Read more…]
DUI, breath test foundation, hearsay
DUI: Hearsay rule not applicable to breath test foundation, State not required to demonstrate that field certifications fell [Read more…]
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