Sufficient grounds for psychiatric evaluation after 7½ years of TTD with little improvement… Shea. [Read more…]
Archives for 2013
Settlements
Plan I
Duane Houtchens, low back, 11/06, hearing dismissed without prejudice at request of Kenneth Thomas and without objection by [Read more…]
Default, $30,066 for repair of non-owned truck
DEFAULT: Abuse of discretion in not setting aside default judgment of $30,065.52 for repair of non-owned truck, $835 fees/costs… Ortley reversed (IOR I-3(d)). [Read more…]
Trustee’s sale, robo signing, refusal to vacate
TRUSTEE’S SALE: Freddie Mac properly obtained ownership of property which Defendants, asserting fraud including robo signing, refused to vacate… Stadler affirmed (IOR I-3(d)). [Read more…]
Courts, Justice Court to District Court
COURTS: Claim of error in allowing amendment in District Court to add claim in residential lease dispute that had not been pled in not-of-record Justice Court not preserved… references to not-of-record Justice Court testimony not precluded in trial de novo, do not suggest that Judge was influenced by JP’s decision, [Read more…]
Mental commitment, conditional release extensions
MENTAL COMMITMENT: Petitions to extend conditional release not filed within 2 weeks before expiration of detention or extension, orders granting petitions vacated… Curtis reversed. [Read more…]
Marital, $2,584,700 valuation of businesses
MARITAL: 2009 values properly used rather than 2002 separation since parties continued to function as “family unit” and decree was issued in 2012… wife’s $2,584,700 valuation of businesses properly adopted over husband’s $376,945… temporary support during lengthy separation properly not credited to husband in [Read more…]
Deliberate homicide, lethal force to stop suicide
DELIBERATE HOMICIDE: Justifiable force in defense of another not applicable to only 2 people (to prevent suicide)… claimed error in rejecting “reverse 404(b)” mental/attempted suicide evidence not preserved for appeal… conviction affirmed… [Read more…]
Traffic stop, unlit headlight before dark
TRAFFIC STOP/SPEEDY TRIAL: Out headlight provided particularized suspicion for stop over claim that lights not required to be on in daylight… failure to receive Justice Court trial within 6 months completely attributable to Defendant, [Read more…]
Public duty, subdivision, failed slope
PUBLIC DUTY: “Special relationship” exception not applicable to City’s subdivision involvement vis-à-vis slope failure on Plaintiffs’ lot… Ulbricht. [Read more…]
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