MIP: Officers had particularized suspicion to ask person in bar his age but failed to state a reason for continuing questioning after he said he was 22… statements properly suppressed, motion to dismiss properly denied (up to State to continue prosecution)… Tucker affirmed. [Read more…]
Archives for 2013
DUI, sleeping driver, missing key
DUI: Sufficient direct and circumstantial evidence that person found asleep or passed out in vehicle on side of road was in “actual physical control” although key nowhere in sight… Langton affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, sex treatment conditions
PLEA WITHDRAWAL: Incest Defendant’s challenges to sex treatment conditions as exceeding plea agreement rejected… Watters affirmed (IOR I-3(d)). [Read more…]
Ineffective assistance, failure to subpoena
INEFFECTIVE ASSISTANCE not established by failure to subpoena witnesses when State had already subpoenaed all fact witnesses and counsel made strategic decision not to call expert… request for continuance 8 days before trial to [Read more…]
Ineffective assistance, failure to impeach
INEFFECTIVE ASSISTANCE: No reasonable probability that DUI conviction would have been different had counsel found a way to impeach witness that counsel had previously interviewed… 4th DUI affirmed… Reynolds affirmed (IOR I-3(d)). [Read more…]
Ineffective assistance, failure to request parole
INEFFECTIVE ASSISTANCE not established by failure to request exception to minimum parole restriction for rape of boy… Baugh affirmed (IOR I-3(d)(v)). [Read more…]
Public duty, DUI death, $222,000 PD settlement
PUBLIC DUTY/SETTLEMENT: Specific action exception not applicable where officers’ acts in responding to report of drunk driver not directed to driver killed in subsequent MVA, but custody exception applies where officers directed person not to drive but to be driven home… public duty doctrine not [Read more…]
Ongoing pain treatment/complaints not PTD
Petitioner not MMI while undergoing pain evaluation/ treatment on referral from treating physician, subjective pain complaints insufficient to support PTD… Shea. [Read more…]
Settlements
Plan II
Rowdy Williams, low back, 11/11, $60,000, Paul Odegaard [Read more…]
Negligence, $631,018 tractor/autos judgment
NEGLIGENCE: Pro se tractor driver’s challenges to $631,018 net MVA bench judgment rejected… elderly pro se ranch owner required evaluation of need for conservator, reversal also [Read more…]
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