Archives for 2013

Public prescriptive easement, burned bridge

March 9, 2013 By lilly

PUBLIC PRESCRIPTIVE EASEMENT not limited to bridge destroyed by wildfire, includes replacement bridge in place at time of prior MSC decision which became law of case… Swandal reversed. [Read more…]

Public roadway, county road

March 9, 2013 By lilly

PUBLIC ROADWAY: Entire road from highway to river including across farm properly determined to be county road… Neill affirmed. [Read more…]

Road easements, lakeshore lots

March 9, 2013 By lilly

ROAD EASEMENTS not established by lakeshore owners to developer’s adjacent land… McLean affirmed. [Read more…]

Street right of way, inverse condemnation

March 9, 2013 By lilly

STREET RIGHT OF WAY properly limited to 60, abutting owners properly awarded damages for taking but should have been based on value at time of taking… Plaintiffs entitled to [Read more…]

Mental commitment, “3 minutes” testimony

March 9, 2013 By lilly

MENTAL COMMITMENT: Plain error review of “no more than 3 minutes” to testify not warranted as testimony not actually limited… McCarter affirmed. [Read more…]

Marital, default decree, MSP inmate

March 9, 2013 By lilly

MARITAL: Prisoner prejudiced by denial of continuance due to medical emergency/circumstances of incarceration, default decree reversed… Deschamps reversed. [Read more…]

Rape, incomplete appeal transcript

March 9, 2013 By lilly

RAPE: Part of officer’s testimony omitted by court reporter adequately reconstructed… prior PFMA properly admitted to show lack of consent… conviction of rape of estranged wife affirmed… Wheelis affirmed. [Read more…]

Sexual assault, evaluation/therapy condition

March 9, 2013 By lilly

SEXUAL ASSAULT: Psychosexual evaluation proper for misdemeanor deferred imposition… Monforton/Salvagni affirmed. [Read more…]

DUI, snow-obstructed temporary permit

March 9, 2013 By lilly

DUI: Temporary permit obstructed by snow/hitch proper basis for stop even if could be read upon approaching vehicle, lawyer not ineffective in not pursuing whether officer could read permit once he approached vehicle… suspended sentence [Read more…]

Attempted deliberate homicide, exculpatory

March 9, 2013 By lilly

ATTEMPTED DELIBERATE HOMICIDE: Prior ruling that unavailability of hearing transcript not violative of due process is law of case… claim of negligent destruction of evidence by officers allowing victim’s father to remove items from vehicle [Read more…]