Plan I
Chris Dille, soft-tissue neck, 11/10, total, $115,000, Norman Newhall
Winford Collins, shoulder(s), 6/12, total, $52,795, Leslae Dalpiaz [Read more…]
Archives for 2013
Mining subsidence, apartment building, defense
MINING SUBSIDENCE: JML that subsidence caused current damage to apartment building properly denied in light of other possible causes including school construction… defense verdict affirmed… Tucker affirmed. [Read more…]
Crop failure, barley seeding contract, defense
CROP FAILURE: Barley grower’s claims of breach of contract by custom seeder properly rejected in bench trial… Swandal affirmed. [Read more…]
Probate, power of attorney, property transfer
PROBATE: Decedent lacked capacity to execute power of attorney, purported attorney in fact breached fiduciary duty by transferring property within days of death knowing of will… Wheelis affirmed (IOR I-3(d)). [Read more…]
Probate/Indians, old flag, jurisdiction
PROBATE/INDIANS: State Court jurisdiction over probate of old flag proper since Tribal Court declined jurisdiction and decedent was domiciled in Cascade and corpus of estate was in Cascade… McKittrick affirmed. [Read more…]
Sex offender registration, relief, incest
SEX OFFENDER REGISTRATION: Relief properly denied based on continued threat to public safety in light of horrific abuse perpetrated on young daughter and her fears as to his petition… life registration could have been imposed had continuing/violent course been charged rather than only 1 incident of incest… [Read more…]
Sentencing, oral/written, parole eligibility
SENTENCING: Appeal of inconsistent oral and written sexual assault sentences as to parole eligibility barred by failure to raise in postconviction proceeding below… attorney not [Read more…]
Sentencing, “elapsed time” credit, probation/ISP
SENTENCING: Judge required to consider — not to grant — credit for “elapsed time” under 46-18-203(7)(b), denial of credit for probation/ISP affirmed… Larson affirmed (IOR I-3(d)). [Read more…]
DUI, illegal left turn, erased patrol car video
DUI: Officer’s testimony that he saw illegal turn sufficient for stop despite erasure of video tape by switching between Stage 1 and Stage 2 lights that would purportedly have shown good [Read more…]
DUI, “welfare check”
DUI arrest following “welfare check” of person slumped over in parked car with engine running & lights on affirmed… Sherlock affirmed (IOR I-3(d)). [Read more…]
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