Petitioner not entitled to payment for unauthorized visits to California doctor or to untimely requested travel reimbursement… Shea. [Read more…]
Archives for May 2014
Settlements
Plan I
Susan McVey, ankle, 1/14, disputed, $17,000, Thomas Bulman
Brenda Fields, low back, 10/05, $14,250, upper extremities, 5/13, [Read more…]
Marital, ANG survivorship annuity
MARITAL: ANG member not required by divorce agreement to designate former wife as beneficiary of Survivorship Benefit Plan which is akin to life insurance… review by contract principles, not abuse of discretion… McCarter reversed. [Read more…]
Sentencing, “bizarre procedural arrangement”
SENTENCING: Rape defendant improperly re-sentenced to 90 years on remand from habeas PFO order in “bizarre procedural arrangement” in which neither he nor counsel was present at civil hearing, believing the criminal case had been stayed… Christopher reversed. [Read more…]
Sentencing, secure treatment v. deferred imposition
SENTENCING: Judge did not mistakenly believe she lacked authority for both secure treatment facility and deferred imposition for meth defendant… Christopher affirmed (IOR I-3(d)). [Read more…]
Assault with weapon, DNA, waiver of counsel
ASSAULT WITH WEAPON: Lab scientist properly allowed to present DNA evidence… insufficient support for excusing Clerk of Court employee for cause… no abuse of discretion in finding knowing [Read more…]
Disorderly conduct, “fuck you” fighting words
DISORDERLY CONDUCT: “Fuck you” directed to 13-year-old constituted “fighting words,” conviction affirmed… (case similar to “spic bastard” conviction of Defendant’s mother)… Todd affirmed (IOR I-3(d)). [Read more…]
Appeal procedure, pro se briefing inadequacy
APPEAL PROCEDURE: Pro se Defendant failed to adequately brief or establish reversible error by Larson. [Read more…]
Attorney disqualification, prior representation
ATTORNEY DISQUALIFICATION: Attorney and firm who represented Plaintiff before 2010 still considered by Plaintiff to be her counsel, disqualified from representing Defendants… Knisely. [Read more…]
Habitual domestic violence, uncounseled tribal
HABITUAL DOMESTIC VIOLENCE: Indictment dismissed for use of uncounseled Tribal Court convictions as predicate offenses under 18 USC 117(a)… Morris. [Read more…]
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