CONTINUANCE: No prejudice shown by refusal to grant continuance on eve of trial for late-appointed lawyer to better prepare compulsion defense to driving with revoked license… Townsend affirmed (IOR I-3(d)). [Read more…]
Archives for 2013
Plea agreement, production years after conviction
PLEA AGREEMENT: Request for production of alleged plea agreements years after rape conviction, exhaustion of appeals, properly denied… Neill affirmed (IOR I-3(d)). [Read more…]
Postconviction, new murder trial denial, rehearing
POSTCONVICTION: Rehearing of opinion reversing new trial order denied… counsel’s assertions/theories do not constitute overlooked facts in record… order. [Read more…]
Prisoners, over-length pretrial jail, §1983
PRISONERS: DUI Defendant held over-length pre-trial failed to establish duty to ensure orderly processing through system, Defendants met duties under statutes and professional [Read more…]
Settlements
Plan I
Beverly Eubank, low back, 12/09, $13,400, Richard Martin
No lawyer: Heather Fisher, wrist, 12, disp, $1,735 [Read more…]
TOP, stalking, discovery, dismissal w/o prejudice
TOP: Respondent wrongly allowed to subject Petitioner to discovery, which is not provided for in stalking statutes… TOP action properly dismissed without prejudice over contention for with prejudice as sanction for not attending deposition… [Read more…]
Ditch easement
DITCH EASEMENT claim properly denied… Langton affirmed. [Read more…]
Easement foreclosure, 2nd trustee’s sale
EASEMENT FORECLOSURE: 1st trustee’s sale void for inadequate notice to lake access easement holder (1st impression), easement properly extinguished by 2nd sale, “one-action” [Read more…]
Sanctions, claimed mediation misrepresentation
SANCTIONS: Plaintiff requesting sanctions against Defense counsel materially misrepresented mediation, sanctions denied… Defendant’s request for fees/costs from Plaintiff as vexatious litigant to be determined… order. [Read more…]
Appraiser, “consulting” v. formal appraisal
APPRAISER: Discipline of appraiser affirmed over claim that he was only performing “consulting appraisal” to confirm realtor’s listing price… Curtis affirmed (IOR I-3(d)). [Read more…]
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