CONTINUANCE: (day and half to accommodate traveling burn expert to support claim of accidental scalding of child in tub improperly denied… aggravated assault reversed, remanded for retrial… Sherlock reversed. [Read more…]
Archives for June 2014
Ineffective assistance, rape exam/finger scrapings
INEFFECTIVE ASSISTANCE: Lawyer not ineffective in relation to failure of police to obtain rape exam of massage client or fingernail scrapings of masseur accused of inserting finger in vagina, or in withdrawing proposed lesser-included sexual assault instruction… Macek affirmed. [Read more…]
Sexual assault, out-of-presence child testimony
SEXUAL ASSAULT: Child properly allowed to testify out of presence of Defendant… forensic interviewer properly allowed to testify about child’s statements that were inconsistent with trial testimony… conviction affirmed… Sherlock affirmed. [Read more…]
DUI/speedy trial, out-of-gas car, driver
DUI/SPEEDY TRIAL: Challenge of dismissal without de novo review of Justice Court record as to speedy trial claim not preserved for appeal… sufficient evidence to convict driver of car found parked while driver went for gas… Deschamps affirmed (IOR I-3(d)). [Read more…]
Cruelty to animals, horses, sale or adoption
CRUELTY TO ANIMALS: Sufficient evidence that owner should have been aware of risks to horses in small trailer without adequate food, water, medical… sale or adoption at County’s discretion properly ordered with any sale proceeds to be applied to [Read more…]
Plea withdrawal, recently regained memory
PLEA WITHDRAWAL: Defendant’s recently regained memory that he was not driving insufficient evidence of innocence to overcome time bar on withdrawal of nolo plea to vehicular homicide while under influence… Olson affirmed (IOR I-3(d)). [Read more…]
Procedure, failure to personally appear at hearing
PROCEDURE: Failure to personally appear at time set for pretrial hearing properly deemed waiver of jury… claimed mistake as to time insufficient excuse… Jenks/ Townsend affirmed (IOR I-3(d)). [Read more…]
Youth, transfer without parental notice
YOUTH: Youth Court had jurisdiction to transfer to District Court despite lack of notice to parents, youth and counsel acquiesced in transfer… Simonton affirmed. [Read more…]
Settlements
Plan I
Teri Long, multiple, 9/12, disputed, $40,000, Stacy Tempel-St. John
Leila Haack, knee, 1/12, $31,153, Leslae Dalpiaz [Read more…]
Demotion, MDT HR Civil Rights Bureau Chief
DEMOTION: MDT HR Civil Rights Bureau Chief demotion grievance recommended denied, alcohol odor/ performance correlation found… Gregory Hanchett. [Read more…]