MARITAL: Interest on support arrearages improperly imposed at 12% absent decree provision or stipulation, remanded for recalculation at 10%… findings & conclusions not required in ruling on motion in which movant’s analysis adopted as to [Read more…]
Archives for 2013
Marital, support termination, 18 v. graduation
MARITAL: $6,977/mo support terminated upon high school graduation, not 8 months earlier at age 18, pursuant to statute since decree vague… McNeil affirmed. [Read more…]
Marital, imputed income
MARITAL: Imputed income, property division affirmed… Fagg affirmed (IOR I-3(d)). [Read more…]
ICWA, parental termination
ICWA requirements not followed, remanded for new parental termination hearing… Sandefur reversed. [Read more…]
DUI, arrest procedures, Miranda
DUI: Arrest lawful based on probable cause regardless of whether officer met technical requirements of arrest statute, not saying “you are under arrest” when he placed person in patrol car to take to jail for field tests because of inclement weather, post-arrest evidence improperly suppressed… [Read more…]
Speedy trial, claimed memory loss from arrest
SPEEDY TRIAL claims by Defendant who claimed memory loss from DUI arrest trauma properly denied… 533 of 740 days attributed to Defendant… Todd affirmed. [Read more…]
Jury, impartiality uncertainty, incest
JURY: Prospective juror who initially indicated uncertainty as to impartiality in incest trial properly not excused for cause… McLean affirmed (IOR I-3(d). [Read more…]
Youth, $78,702 vandalism restitution
YOUTH who admitted to 2 days of vandalism spree properly ordered to pay restitution jointly & severally with other vandals for entire 11 days under criminal mischief statute, but [Read more…]
Plea withdrawal, assault on prison guard
PLEA WITHDRAWAL as to assault on prison guard properly rejected over claim of mental issues… Dayton affirmed (IOR I-3(d)). [Read more…]
Defense verdict, 1031 transaction, dual agent
VERDICT: Defense, alleged failure of dual agent to warn buyer of risks in complex 1031 transaction. [Read more…]
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