INSURANCE: Based on plain language of auto policy and common sense meaning of “incurred,” insured not precluded from duplicate payment for medicals paid under health policy (1st impression)… insured entitled to fees/ interest, claim for punitives waived by failure to pursue in appeal… Macek reversed. [Read more…]
Archives for July 2014
Water rights, diversion flume
WATER RIGHTS from diversion flume correctly determined in accordance with some of Master Ritter’s findings, contrary to some findings… McElyea affirmed. [Read more…]
PFMA, “family member”
PFMA: Niece not “family member” of Defendant because she did not reside in his household (1st impression)… conviction reversed… McKeon reversed. [Read more…]
Speedy trial, case fell off calendar
SPEEDY TRIAL claim improperly denied for felony DUI Defendant whose case fell off Justice Court calendar and who failed to complain until after information filed in District Court 178 days after arrest and who wore SCRAM for 8½ months… Seeley reversed. [Read more…]
Postconviction/plea withdrawal
POSTCONVICTION/PLEA WITHDRAWAL denied for Defendant sentenced to 135 years for casino robbery and rampage in 1998… Lympus affirmed (IOR I-3(d)). [Read more…]
Ineffective assistance, attorney discipline
INEFFECTIVE ASSISTANCE claim based on disciplinary action against attorney properly rejected as improper 2nd motion… Oldenburg affirmed (IOR I-3(d)). [Read more…]
Revocation, seized phones
REVOCATION properly supported by seized phones, other violations… Stadler affirmed (IOR I-3(d)). [Read more…]
SSD
SSD claim properly denied… Molloy affirmed (unpublished).
Robert Febach appeals Judge Molloy’s order affirming SSA’s denial of SSD. [Read more…]
SSD
SSD claim properly denied… Haddon affirmed (unpublished). [Read more…]
SSD
SSD properly denied… Strong affirmed (unpublished). [Read more…]