RESTITUTION for assault of wife properly included attempted suicide medicals… Simonton affirmed. [Read more…]
Archives for 2013
PFMA, “reasonable apprehension”
PFMA: Jury properly instructed on Defendant’s conduct in relation to “reasonable apprehension,” counsel not ineffective for not objecting… terms & conditions of parole or conditional release improperly imposed… McKeon affirmed, reversed. [Read more…]
Prosecutorial misconduct, “vouching”
PROSECUTORIAL MISCONDUCT: Plain error review of vouching claims denied… assault on officer conviction affirmed… McLean affirmed. [Read more…]
Sentencing, $800 public defender fee
SENTENCING: $800 public defender fee affirmed… Deschamps affirmed (IOR I-3(d(v)). [Read more…]
$295,000 verdict, county water tank leak, house
VERDICT: $295,000, home damage from county water tank leak… inverse condemnation claim directed out for failure of proof, admitted liability for negligence. [Read more…]
Settlements
Plan I
Terri Gillespie, head, 8/05, disputed, $125,000, medicals reserved, stipulated judgment; Stacy Tempel-St. John for Gillespie, Joe Maynard for Target [Read more…]
Discrimination, limited elevator access to attorney
DISCRIMINATION: Attorney claiming discrimination against himself by limited elevator access to his office not “aggrieved party,” failed to demonstrate that he suffered actual injury [Read more…]
Radio station lease, $112,397 damages, $19,600 fees
LEASE: $112,397 damages, $19,600 fees/costs for breach of lease including failure to repair water-damaged radio station studio properly granted on substantive liability issues and also as sanction for litigation abuses… McKittrick affirmed (IOR I-3(d)). [Read more…]
Landlord/tenant, $42,477 with trebling
LANDLORD/TENANT: Bench trial award of $42,477 including treble damages in rental dispute affirmed… Court declines to conduct evidentiary hearing… Wheelis affirmed (IOR I-3(d)). [Read more…]
Property, encroaching buildings, survey fee
PROPERTY: Encroaching buildings properly ordered removed… costs affirmed except $250 for pre-litigation survey… Wheelis affirmed, reversed (IOR I-3(d)). [Read more…]
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