JUDGE SUBSTITUTION: Interests of property sellers and attorney sufficiently adverse for separate substitution motions despite substitution in separate suit by competing buyer… Cybulski reversed (IOR I-3(d)). [Read more…]
Archives for June 2013
Parental termination, incarcerated parents
PARENTAL TERMINATION: Incarcerated parents properly terminated, child’s attorney not ineffective… Townsend affirmed. [Read more…]
Right to jury, waiver by non-appearance, disability
RIGHT TO JURY improperly deemed waived by non-appearance at hearing in light of mental disabilities… disorderly conduct conviction reversed, remanded for new trial… Jenks/Deschamps reversed. [Read more…]
Sex offender registration, sex offender conditions
SEX OFFENDER REGISTRATION: Sex offender conditions properly imposed for failure to register… Neill affirmed. [Read more…]
PFMA, “purposely or knowingly”
PFMA: Sufficient evidence that Defendant “purposely or knowingly” caused ex-girlfriend injury… conviction affirmed… McLean affirmed (IOR I-3(d)). [Read more…]
DUI, “ambiguous” Alaska felony enhancement
DUI: 1991 Alaska conviction properly used to enhance DUI to felony over request for lenity based on ambiguity as to whether it was DUI or BAC… Gustafson affirmed (IOR (I)-3)(d)). [Read more…]
Ineffective assistance, prejudice
INEFFECTIVE ASSISTANCE claim properly rejected for failure to establish prejudice by no objection to use of statements to officers… felony DUI affirmed… Deschamps affirmed (IOR I-3(d)). [Read more…]
Insurance bad faith, reasonable basis in law
INSURANCE BAD FAITH: Insurers had reasonable basis in law to present intervening causation defense that rollover of bus that hit deer caused by defect of bumper that pressed against tire despite ruling that driver was negligent per se for going into the median… [Read more…]
ERISA, lawyer, heart condition v. depression
ERISA: Treating cardiologist’s opinion that lawyer disabled because of heart condition, not depression, given greater weight than that of insurer’s consultants, LTD reinstated retroactively… Christensen. [Read more…]
Establishment, Big Mountain Jesus
ESTABLISHMENT: Renewal of FS permit for Big Mountain Jesus on federal land leased to ski resort not violative of Establishment Clause… Christensen. [Read more…]
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