NEGLIGENCE/CPA: Summary judgment for shop on claim stemming from inadequate repairs improperly granted based solely on other driver’s insurer’s determination and payment of vehicle damage values… Watters reversed (IOR I-3(d)). [Read more…]
Archives for June 2014
Confession, deceptive immunity assurances
CONFESSION: Statements underlying felony-murder charge properly suppressed as made with reasonable belief and deceptive assurances of immunity… new trial properly granted following conviction, with statements to police and trial testimony to be suppressed… McNeil affirmed. [Read more…]
DUI, observation v. video, wrong statute
DUI: Observation of driving given deference over video, citation to wrong statute not relevant to particularized suspicion… Gilbert affirmed (IOR I-3(d)). [Read more…]
Sentencing, illegal separate PFO
SENTENCING: 60 years for PFO improperly imposed by Langton separately to 60 years for rape/kidnap/ weapon… habeas granted… order. [Read more…]
Revocation, procedural challenges
REVOCATION procedural challenges properly rejected… Seeley affirmed (IOR I-3(d)). [Read more…]
Assault with weapon, justifiable force claim
ASSAULT WITH WEAPON conviction affirmed over claim of justifiable force in dispute over trailer house… Seeley affirmed (IOR I-3(d)). [Read more…]
Defense verdict, bar altercation, broken nose
VERDICT: Defense, no liability by bar in altercation that ended with broken nose. [Read more…]
Insurance, untimely notice, prejudice, certified
INSURANCE: Question certified to MSC whether insurer must demonstrate prejudice from lack of notice of damages claim by 3rd party to avoid defense/indemnification… order. [Read more…]
Drugs, medical marijuana, guns, role enhancement
DRUGS: Defendant properly found not to possess firearm in connection with marijuana offense, but role enhancement/safety valve inadequately analyzed… Christensen affirmed, reversed (unpublished). [Read more…]
Hobbs Act robbery
HOBBS ACT ROBBERY conviction affirmed… Cebull affirmed (unpublished). [Read more…]
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