LAW OF CASE bars challenge of charging order, appointment of receiver, in NJ divorce judgment where husband failed to avail of opportunities to challenge on grounds he now raises… appeal fees/costs assessed against pro se appellant… McNeil affirmed. [Read more…]
Archives for July 2013
Sexual assault, juror removal, child coaching
SEXUAL ASSAULT: Panelist with reservations about a defendant not testifying properly rehabilitated, not removed for cause… forensic interviewer properly allowed to testify that girl not [Read more…]
Double jeopardy, US firearms, State non-firearms
DOUBLE JEOPARDY not violated by State prosecution of non-firearm thefts after federal conviction of firearm thefts from same store… Seeley affirmed. [Read more…]
Abscondence, revocation, probation credit
ABSCONDENCE/REVOCATION: Defendant not entitled to probation credit during time on run… no plain error review or remand for hearing into circumstances of 8-year abscondence… fines/fees in original sentence properly “reimposed” in revocation judgment [Read more…]
Sentencing, adult consecutive to juvenile revocation
SENTENCING: Adult sentence consecutive to juvenile revocation disposition affirmed… McLean affirmed. [Read more…]
New trial, untimely motion, oral/written sentence
NEW TRIAL/SENTENCING: Motion for new trial untimely more than 30 days after conviction, letter seeking different lawyer in different trial properly not construed as motion for new trial… [Read more…]
Speedy trial, justice court 6 months
SPEEDY TRIAL: 6 months for Justice Court misdemeanor runs from plea to misdemeanor PFMA, not from initial plea to dismissed felony PFMA… Haynes affirmed. [Read more…]
Information, filing delay, untimely objection
TAX DEED void for failure to give notice of application to mortgage company listed on Sched. B but only incorporated by reference to numbered exceptions on Sched. C of title guarantee even though notice given to owner… deed recipient concedes notice error, [Read more…]
Tax deed, failure to notify mortgagor
ARBITRATION: FAA preempts Montana public policy invalidating adhesive agreements contrary to reasonable expectations… a state’s preempted public policy impermissible basis on which to reject choice of law… arbitration denial reversed… Cebull [Read more…]
Arbitration, adhesive agreement, FAA preemption
ARBITRATION: FAA preempts Montana public policy invalidating adhesive agreements contrary to reasonable expectations… a state’s preempted public policy impermissible basis on which to reject choice of law… arbitration denial reversed… Cebull [Read more…]
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