MENTAL COMMITMENT: Jury findings, along with Judge findings, sufficient to satisfy statutory commitment requirements notwithstanding §127(8) requirement of “detailed statement of facts”… involuntary medications properly supported… Langton affirmed. [Read more…]
Archives for 2013
Settlements
Plan I
Arthur Schauer, lungs, 6/95, disputed, $57,500 new money plus $10,000 MSA, stipulated judgment; Laurie Wallace for Schauer, Leo Ward for MSGIA [Read more…]
Summary judgment, unsworn documents, insurance
SUMMARY JUDGMENT for Plaintiff in insurance advance-pay dispute improperly based on unsworn documents… Deschamps reversed. [Read more…]
Water, abandonment, intent, standard of review
WATER: Standard of review of Water Court clarified… 79 Ranch governs abandonment, properly applied retroactively to pre-73 right to creek… Claimants sufficiently rebutted presumption of intent to abandon by 20 years nonuse… Ritter reversed, McElyea affirmed. [Read more…]
State Healthcare Plan, subrogation, “made whole”
STATE HEALTHCARE PLAN subject to Insurance Code “made whole” provisions… Sherlock affirmed. [Read more…]
Unlawful detainer, removal of house occupant
UNLAWFUL DETAINER: Removal of house occupant properly ordered, $4,185 fees properly awarded… Sherlock affirmed (IOR I-3(d)). [Read more…]
Marital, decree/separate judgment satisfaction
MARITAL: Property properly awarded to wife to satisfy 2007 decree and separate 2012 judgment over claim of improper modification of decree… Wheelis affirmed (IOR 3(d)). [Read more…]
Parental termination, Montana v. Utah
PARENTAL TERMINATION: Montana retained jurisdiction after child was placed in Utah foster home absent pending Utah proceeding… claim that Utah was more convenient forum properly rejected… termination affirmed… Newman affirmed. [Read more…]
DUI, prior in absentia DUIs
DUI: No affirmative evidence of infirmity of prior in absentia DUIs… Sherlock affirmed (IOR I-3(d)). [Read more…]
Criminal endangerment, sex treatment, withdrawal
CRIMINAL ENDANGERMENT: Plea withdrawal properly denied… endangerment elements satisfied… ineffective assistance claim of failure to advise of sex treatment recommendation properly [Read more…]
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