APPEAL of summary judgment on defamation liability of blogger who accused lawyer of lying to Court dismissed with prejudice for failure to timely file after 10-day extension, fees/costs assessed as sanctions… order. [Read more…]
Archives for December 2012
Rape/sexual assault, rape shield, other DNA
RAPE/SEXUAL ASSAULT: Evidence that stain on girl’s shirt was from a male other than Defendant properly excluded under rape shield… sufficient indirect evidence that offenses were committed in county alleged… Day affirmed. [Read more…]
Youth, probation extension to 21
YOUTH: Probation properly extended to 21 upon revocation even though not in original disposition… H. Brown affirmed. [Read more…]
Discovery/sanctions, political disclosure
DISCOVERY: WTP’s challenge of political disclosure/disclaimer statutes/regulations dismissed as sanction for dilatory/evasive discovery, fees/costs related to sanctions motion awarded to State… Sherlock. [Read more…]
Defense verdict, mining subsidence, apartments
VERDICT: Defense, claimed apartment house damage by historic underground mining subsidence. [Read more…]
Foreclosure, deed of trust, beneficiary’s agent
NONJUDICIAL FORECLOSURE: MERS properly acted as beneficiary’s agent under deed of trust, is not a “beneficiary” under STFA… plausible negligence claim stated by claim that [Read more…]
Hung jury, ATV crash, product liability
HUNG JURY: Alleged ATV axle assembly defect resulting in loss of steering control and crash over cliff, cervical fractures/traumatic brain/wrist/ACL. [Read more…]
Settlements
Plan I
Marie Eaton, low back, 9/10, upper back, 12/10, soft-tissue neck, 1/11, disputed, $150,000, Paul Toennis for Eaton, Joe Maynard for Sisters of Charity of Leavenworth Health System [Read more…]
Farm lease/probate/attorney fees
FARM LEASE/PROBATE/ATTORNEY FEES: Lease to son valid without signature of father’s PR, mother’s half vested immediately upon father’s death including right to continue [Read more…]
Zoning, special district, no sand/gravel
ZONING: Special district zoning pattern & regulations prohibiting sand & gravel mining properly adopted over claim of citizen petition gerrymandering, reverse spot zoning… no established property right to apply for new permit or amendment to existing permit, but remanded for consideration of takings claim as to [Read more…]