RAPE: Plain error review of Prosecutor’s comments on witness credibility, characterizing 12-year-old accuser as truthful and defense witnesses as liars and low-lifes, declined… claim of [Read more…]
Archives for 2013
DUI, erratic driving, community caretaker
DUI: Suppression properly denied for particularized suspicion based on erratic driving… community caretaker (possible hydrant collision) not appropriate reason to deny suppression, application to citizen in peril or need of help underscored, should not typically require seizure… investigatory stop properly escalated into DUI [Read more…]
Youth/sentencing, sex offender
YOUTH/SENTENCING: Transfer of sex offender to Youth Court properly denied, but numerous illegal sentence conditions… Haynes affirmed, reversed. [Read more…]
Right to counsel, series of appointed attorneys
RIGHT TO COUNSEL: To extent Municipal Court Defendant failed to unequivocally waive right to counsel because of inconsistency in 4 cases, she effectively did so by failing to cooperate with series of appointed attorneys… Deschamps affirmed. [Read more…]
Physical limitations/vocal impairments
Job approvals inconsistent with physical limitations/ vocal impairments, Claimant entitled to PTD… termination not unreasonable in complex situation… Shea. [Read more…]
Settlements
Plan I
Adelene Ivers, shoulder/upper extremity, 1/10, disputed, $5,000, stipulated judgment; John Seidlitz for Ivers, Andy Adamek for Benefis [Read more…]
Zoning, ag/forest protest constitutionality
ZONING: Ag/forest protest provision unconstitutional delegation of legislative power to individuals to halt zoning changes… failure to name protestors cured by allowing early intervention… Townsend affirmed. [Read more…]
Settled party defense, constitutionality
SETTLED PARTY DEFENSE: Supervisory control denied as to Pinski’s denial of constitutional challenge to 27-1-703… order. [Read more…]
Judge substitution, probate
JUDGE SUBSTITUTION: 30 days to substitute began when informal probate was converted to formal, once deadline passes for original parties to substitute, subsequently joined parties may not do so… Townsend affirmed (other grounds). [Read more…]
Fraud, forged deed, statute of limitations
FRAUD: Facts underlying claim that ex-wife forged signature on deed known or could have been discovered at divorce hearing, time-barred… due process not violated by dismissal without hearing… fees/costs improperly awarded on erroneous basis [Read more…]
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