PROSECUTORIAL MISCONDUCT: Plain error review of vouching claims denied… assault on officer conviction affirmed… McLean affirmed. [Read more…]
Archives for April 2013
Sentencing, $800 public defender fee
SENTENCING: $800 public defender fee affirmed… Deschamps affirmed (IOR I-3(d(v)). [Read more…]
$295,000 verdict, county water tank leak, house
VERDICT: $295,000, home damage from county water tank leak… inverse condemnation claim directed out for failure of proof, admitted liability for negligence. [Read more…]
Settlements
Plan I
Terri Gillespie, head, 8/05, disputed, $125,000, medicals reserved, stipulated judgment; Stacy Tempel-St. John for Gillespie, Joe Maynard for Target [Read more…]
Discrimination, limited elevator access to attorney
DISCRIMINATION: Attorney claiming discrimination against himself by limited elevator access to his office not “aggrieved party,” failed to demonstrate that he suffered actual injury [Read more…]
Radio station lease, $112,397 damages, $19,600 fees
LEASE: $112,397 damages, $19,600 fees/costs for breach of lease including failure to repair water-damaged radio station studio properly granted on substantive liability issues and also as sanction for litigation abuses… McKittrick affirmed (IOR I-3(d)). [Read more…]
Landlord/tenant, $42,477 with trebling
LANDLORD/TENANT: Bench trial award of $42,477 including treble damages in rental dispute affirmed… Court declines to conduct evidentiary hearing… Wheelis affirmed (IOR I-3(d)). [Read more…]
Property, encroaching buildings, survey fee
PROPERTY: Encroaching buildings properly ordered removed… costs affirmed except $250 for pre-litigation survey… Wheelis affirmed, reversed (IOR I-3(d)). [Read more…]
Mental commitment, waiver of presence at hearing
MENTAL COMMITMENT: Judge should have made further inquiry, following counsel’s representation, that person was capable of intentional & knowing waiver of presence at commitment hearing… commitment reversed… Sherlock reversed. [Read more…]
Marital, late-disclosed expert as to boy’s preference
MARITAL: Late-disclosed expert as to boy’s residential preference properly disallowed, but in any event coached boy testified… parenting plan supported by substantial evidence… Cybulski affirmed (IOR I-3(d)). [Read more…]