Archives for 2013

Settlements

August 24, 2013 By lilly

Plan I

Lori Scalise, shoulder(s), 1/10, disputed, $7,000, Leslae Dalpiaz [Read more…]

Probate, ex-wife conservator/guardian PR

August 17, 2013 By lilly

PROBATE: Ex-wife properly PR as conservator of children in intestate probate of ex-husband’s estate… McNeil affirmed. [Read more…]

Rape, reversed past convictions, violent victim

August 17, 2013 By lilly

RAPE: Criminal history including convictions which had been reversed for legal error precluded fair trial despite ample admissible evidence of guilt, conviction reversed, remanded for retrial… McLean reversed. [Read more…]

Rape, juror bias, other acts, speedy trial

August 17, 2013 By lilly

RAPE/SEXUAL ASSAULT/TAMPERING: Failure to object to continued participation of juror who knew Prosecutor resulted in waiver of issue on appeal, lawyer not ineffective in handling juror issue… other acts properly admitted, limiting instruction timing [Read more…]

Revocation, hold time

August 17, 2013 By lilly

REVOCATION: Probation hold lasted hours, not 26 days, as Defendant was detained on both probation violation and new felony, no violation of 10-day hold statute… McLean affirmed (IOR I-3(d)). [Read more…]

Environment, Missouri Breaks resource plan

August 17, 2013 By lilly

ENVIRONMENT: Summary judgment for BLM on Missouri Breaks Resource Management Plan affirmed, reversed… Haddon affirmed, reversed. [Read more…]

Sentencing, discharge of firearm drug enhancement

August 17, 2013 By lilly

SENTENCING: Enhancement for discharge of firearm in drug offense must be based on jury finding, not judge, under new USSC ruling… Cebull reversed. [Read more…]

Vehicle dealership, limitation of remedies, fraud

August 17, 2013 By lilly

VEHICLE DEALERSHIP: Limitation of Remedies not procedurally or substantively unconscionable under Texas law, prohibits dealer from asserting claim for lost profits due to breach of contract involving trucks with non-compliant air brakes… fraud claim [Read more…]

Defense verdict, insurance, frozen pipes

August 17, 2013 By lilly

VERDICT: Defense, no material misrepresentation in application on home insured as rental but which had no tenant and was vacant during policy period, policy not properly rescinded, but no coverage because owner had not used reasonable care to [Read more…]

SIF, vocational handicap certificate

August 17, 2013 By lilly

SIF had no duty to contact employer and request compliance with §39-71-906, properly denied reimbursement to insurer because it did not have vocational handicap certificate from employer… Spear affirmed… Shea. [Read more…]