MARITAL: Parenting plan properly resolved conflicting accusations with erratic behavior by father and mental issues by mother… McKeon affirmed (IOR I-3(d)). [Read more…]
Archives for June 2013
Ineffective assistance, trial/appellate counsel
INEFFECTIVE ASSISTANCE claims against trial counsel for not informing of illegal plea offer and alleged restriction of access to counsel during trial recess, and claims against appellate counsel for failing to raise this issue, rejected… Langton affirmed. [Read more…]
DUI, erratic driving not videoed
DUI: Particularized suspicion to stop based on officer’s testimony of erratic driving despite lack of video… Wheelis affirmed. [Read more…]
Sentencing, consecutive v. concurrent
SENTENCING: Challenge of application of sentences as consecutive rather than concurrent properly treated as untimely postconviction petition… Todd affirmed (IOR I-3(d)). [Read more…]
Continuance, eve of trial
CONTINUANCE: No prejudice shown by refusal to grant continuance on eve of trial for late-appointed lawyer to better prepare compulsion defense to driving with revoked license… Townsend affirmed (IOR I-3(d)). [Read more…]
Plea agreement, production years after conviction
PLEA AGREEMENT: Request for production of alleged plea agreements years after rape conviction, exhaustion of appeals, properly denied… Neill affirmed (IOR I-3(d)). [Read more…]
Postconviction, new murder trial denial, rehearing
POSTCONVICTION: Rehearing of opinion reversing new trial order denied… counsel’s assertions/theories do not constitute overlooked facts in record… order. [Read more…]
Prisoners, over-length pretrial jail, §1983
PRISONERS: DUI Defendant held over-length pre-trial failed to establish duty to ensure orderly processing through system, Defendants met duties under statutes and professional [Read more…]
Settlements
Plan I
Beverly Eubank, low back, 12/09, $13,400, Richard Martin
No lawyer: Heather Fisher, wrist, 12, disp, $1,735 [Read more…]
TOP, stalking, discovery, dismissal w/o prejudice
TOP: Respondent wrongly allowed to subject Petitioner to discovery, which is not provided for in stalking statutes… TOP action properly dismissed without prejudice over contention for with prejudice as sanction for not attending deposition… [Read more…]
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