CONSPIRACY/BLACKLISTING claims pertaining to employment, interference with businesses, prima facie tort as alleged retribution for $25 million environmental suit settlement fail for lack of showing of unlawful or wrongful acts… Day affirmed (IOR I-3(d)). [Read more…]
Archives for March 2014
Failed subdivision, statute of limitations
FAILED SUBDIVISION: Negligence/contract claims against City, engineers, contractor time-barred, contract claim against partner over “note” used in unsuccessful attempt to obtain financing properly rejected on the merits… Swandal affirmed (IOR I-3(d)). [Read more…]
Jurisdiction, justice court, eviction, counterclaims
JURISDICTION: Justice Court jurisdiction limited to eviction, no jurisdiction over counterclaims alleging breach of contract, relief from forfeiture because of asbestos on property, asbestos damage… appeal to District Court similarly limited… Wheelis affirmed (IOR I-3(d)). [Read more…]
Partnership, farm/construction partners dissolution
PARTNERSHIP: Challenges to latest rulings in protracted farm/construction partnership dissolution case affirmed… Simonton affirmed (IOR I-3(d)). [Read more…]
Landowners association, member challenges
LANDOWNERS ASSOCIATION: Member challenges properly rejected on summary judgment… Gilbert affirmed (IOR I-3(d)). [Read more…]
Prosecutorial misconduct, closing arguments
PROSECUTORIAL MISCONDUCT: Comment that drug Defendant did not “accept her consequences” improper but prejudice diminished by admonishment and instructions… plain error review denied as to “common sense” burden of proof statements… McKeon affirmed (IOR I-3(d)). [Read more…]
Revocation, sentencing dates, petition timeliness
SENTENCING/REVOCATION: Sentencing dates including time-served properly calculated, revocation petition timely… Larson affirmed (IOR I-3(d)). [Read more…]
Aggravated assault/PFO, injury photos
AGGRAVATED ASSAULT/PFO: Challenge to PFO designation, photos depicting mother’s injuries, rejected… Langton affirmed (IOR I-3(d)). [Read more…]
DUI, sleeping Defendant, intent to not drive
DUI: Intent to not move vehicle irrelevant to absolute liability offense, Defendant sleeping behind wheel properly convicted of per se DUI… Reynolds affirmed (IOR I-3(d)). [Read more…]
Postconviction, out-of-time petition, new evidence
POSTCONVICTION: Out-of-time petition properly rejected for failure to proffer new evidence that sexual assault Defendant may have been incompetent or unfit at time of 2001 plea… Townsend affirmed (IOR I-3(d)). [Read more…]