FORECLOSURE: MERS not a beneficiary under STFA (1st impression), relationship with lenders insufficiently established to warrant summary judgment that it is a special agent of the lender with authority to assign trust deed (Plaintiffs improperly ambushed on appeal with argument not raised below)… Lympus reversed. [Read more…]
Archives for 2013
Fire district, scope of services, dispatch duties
FIRE DISTRICT created in 1989 entitled to expand services pursuant to 1991 amendment of statute… PSAP must notify but has discretion as to dispatch… McNeil reversed, affirmed. [Read more…]
Drugs, non-observed “green with orange hairs,”
DRUGS: Testimony of alleged user and medical marijuana card of defendant insufficient to convict of distribution of marijuana where “green with orange hairs” substance was never observed by law enforcement… Tucker reversed. [Read more…]
Attempted deliberate homicide, BWS/PTSD experts
ATTEMPTED DELIBERATE HOMICIDE: Demeaning comments, cycles of violence insufficient foundation for BWS/PTSD testimony… reliability of fireman’s testimony that husband said “this is the 3rd time she has tried to kill me” not considered first time on appeal… conviction affirmed… Seeley affirmed. [Read more…]
Theft/burglary, accountability instruction
THEFT/BURGLARY: Jury properly instructed on accountability even though accountability not charged, Tower reaffirmed… no ineffective assistance in offering result-based instruction as Defendant could have been convicted under either result or [Read more…]
Plea withdraw, colloquy answers to “satisfy” Judge
PLEA WITHDRAWAL properly denied Defendant belatedly claiming he did not understand agreement and that colloquy answers were only to satisfy the Judge… Larson affirmed (IOR I-3(d)). [Read more…]
Insurance, duty to procure, windblown sign injury
INSURANCE: Agent owes no duty to State beyond that assigned by insureds as to insurance with less coverage and not naming State or Historical Commission as required by lease in connection with part of wooden sign blown through windshield… tort claims by [Read more…]
RR crossing negligence, ICCTA preemption
RR CROSSING NEGLIGENCE: Reconsideration of summary judgment for RR in pedestrian snow/ice slip & fall based on ICCTA preemption denied… Watters. [Read more…]
Defense verdict, gas furnace CO exposure
VERDICT: Defense, gas furnace CO exposure. [Read more…]
SSI, mental impairments
SSI: Application based on mental impairments improperly denied… Kilroy/Lynch reversed (unpublished). [Read more…]
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