MARITAL: Husband’s interest in mother’s trust contingent until her death, properly excluded from marital estate… not necessary to determine if post-nup agreement existed to pay wife’s credit [Read more…]
Archives for 2013
Marital, joint responsibility for business loan
MARITAL: Husband properly required to pay wife half the proceeds she used from sale of house she was awarded to pay off business loan that they were “jointly responsible” for… Baugh affirmed (IOR I-3(d)). [Read more…]
Sentencing, take care of out-of-state charges
SENTENCING: Condition of suspended theft sentence to resolve similar charges in other states not illegal… Stadler affirmed (IOR I-3(d)). [Read more…]
Sentencing, increase during re-sentencing
SENTENCING: Challenge to increased burglary sentence during re-sentencing waived by failure to object… Bidegaray affirmed (IOR I-3(d)). [Read more…]
Postconviction, “new evidence” of rape exam
POSTCONVICTION: Claim that new evidence of rape exam would demonstrate “actual innocence” could have been raised in prior petition, properly dismissed… Larson affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, claimed promise of leniency
PLEA WITHDRAWAL properly denied over claim that attorney promised leniency… Larson affirmed (IOR I-3(d)). [Read more…]
$65,000 verdict, bus/auto rear-ender, whiplash
VERDICT: $65,000, bus/auto intersection low-speed rear-ender, whiplash, admitted liability, disputed mild traumatic brain. [Read more…]
AWW, bonus, vacation pay, auxiliary SSD offset
Good cause to calculate AWW under §123(3)(b), annual bonus included, vacation pay, employer 401(k) contributions excluded… 123 not proven unconstitutional, no penalty… insurer not estopped from offsetting son’s auxiliary SSD and recouping [Read more…]
Settlements
Plan I
Debra Hensley, low back, 5/11, total, $100,000, Chris Helmer [Read more…]
Law of case, $1 million NJ divorce judgment
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…]
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