PLEA WITHDRAWAL: Claim that nolo plea not authorized in sex cases waived by failure to raise below… claim of coerced plea in online chat sting properly rejected… McLean affirmed (IOR I-3(d)). [Read more…]
Archives for April 2014
Nonsupport, prosecutorial misconduct
NONSUPPORT: Prosecutorial misconduct, vindictive prosecution, IAC postconviction claims properly rejected based on plea agreement waiver and on the merits… Macek affirmed (IOR I-3(d)). [Read more…]
Ineffective assistance, post-revocation hearing
INEFFECTIVE ASSISTANCE: Motion to substitute counsel following revocation hearing properly denied… Sandefur affirmed (IOR I-3(d)). [Read more…]
Sentencing, untimely request to delete counsel costs
SENTENCING: Amendment to remove counsel costs condition properly denied a decade after it was imposed, statute allowing request for remission “at any time” waived by failure to raise below… Larson affirmed (IOR I-3(d)). [Read more…]
Insurance, med-pay as element of MVA settlement
INSURANCE: Insurer’s consideration of $40,000 med-pay as element of $192,615 MVA liability settlement reasonable as matter of law… no justiciable controversy that would support bad faith, class action… Haddon. [Read more…]
Settlements
Plan I
Rhom Bruhaug, hip/back/Achilles tendon, 4/10, 12/10, 1/11, disputed gastric bypass (necessary treatment v. preexisting obesity), Achilles [Read more…]
Foreclosure/default, intervention, quiet title
FORECLOSURE/DEFAULT: Intervention by successor bank properly granted, quiet title default judgments properly set aside… Knisely affirmed. [Read more…]
Work comp, PPD ineligibility, incarceration
WORK COMP: Challenges to PPD ineligibility during incarceration properly rejected… Shea affirmed. [Read more…]
Student with disabilities, available parent
STUDENT WITH DISABILITIES: Available parent has priority for appointment as surrogate for adult student with disabilities… claim not moot despite aging out of school system… Newman reversed. [Read more…]
Marital, judicial notice, imputed income
MARITAL: No abuse of discretion by taking judicial notice of CSED’s income determination in another support case or by refusing to take judicial notice of the truth of its underlying facts… income properly imputed for support purposes… Sherlock affirmed. [Read more…]
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