INITIATIVE: 11th-hour petition to revise I-170 fiscal statement rejected… order. [Read more…]
Archives for April 2014
Indian child, guardianship, foster parents
INDIAN CHILD: Guardianship properly awarded to foster parents… Christopher affirmed. [Read more…]
Search & seizure, Pastos routine inventory
SEARCH & SEIZURE: Pastos inventory searches affirmed… search of purse seized after shoplifting arrest and transported separately to station valid inventory search, suppression of cocaine in purse properly denied… Boucher affirmed. [Read more…]
Judicial conflict, prior ruling, prior representation
JUDICIAL CONFLICT: Claim that Curtis had conflict in ruling on directed verdict on incest for failure to prove marriage to stepdaughter’s mother when she had previously granted default divorce waived by failure to raise in prior appeal… successor [Read more…]
Restitution, DUI garage crash, repaint entire house
RESTITUTION: Insufficient evidence for restitution to repaint entire house to match repairs to attached garage damaged by DUI driver… Hernandez/Fagg reversed. [Read more…]
Restitution, post-prison discharge
RESTITUTION not discharged when prison sentence discharged, DOC authorized to garnish wages from unrelated incarceration… Larson affirmed. [Read more…]
DUI, blood withdrawal, rack & pinion
DUI: Warrant for blood draw properly based on probable cause, not prior BAC test refusal or alcohol dissipation… privacy, rack & pinion challenges rejected… Todd affirmed. [Read more…]
Speedy trial, IAD v. 6th Amendment
SPEEDY TRIAL claim of burglary defendant in federal prison on unrelated charge improperly considered under IAD rather than 6th Amendment… Allison reversed. [Read more…]
Insurance, $3,253,604 consent judgment
INSURANCE: Insurer breached duty to defend truck driver’s estate against claims by injured passenger and estate of deceased infant, responsible for $3,253,603.60 consent judgment… Townsend. [Read more…]
County roads, §7-14-2622 (2009) recognition
COUNTY ROADS: Petitioners seeking recognition of county road across private land per §7-14-2622 (2009) must establish by clear & convincing evidence that it has always been maintained & publicly traveled (1st impression)… Huss. [Read more…]