NEGLIGENCE: Defense verdict in collision with fire truck affirmed… H. Brown affirmed (IOR I-3(d)). [Read more…]
Archives for August 2014
Mental commitment, stipulation/knowing waiver
MENTAL COMMITMENT: Stipulation insufficient without evidence/record establishing knowing/intentional waiver of rights… commitment reversed… Gilbert reversed. [Read more…]
Marital, gift/inherited assets, misleading briefing
MARITAL: Estate consisting substantially of gifted/ inherited assets properly distributed 3/4 to wife… husband “very nearly” sanctioned for misleading/inaccurate briefing… Fagg affirmed. [Read more…]
Marital, custody, property
MARITAL: Parenting schedule involving wife’s MANG deployment properly adopted… wife’s credit union account improperly included twice… value of bank account properly determined in light of wife’s history of transfers between 13 accounts… post-separation [Read more…]
Marital, farm/ranch valuation/distribution
MARITAL: Farm/ranch valuation/distribution affirmed, reversed… Watters affirmed, reversed. [Read more…]
Marital, custody, distant parents
MARITAL: Parenting time properly apportioned between geographically distant parents… Macek affirmed. [Read more…]
Obstruction, drunk asking for ride at traffic stop
OBSTRUCTION: Sufficient evidence that intoxicated passerby asking for ride impeded traffic stop despite officer’s view of no intent… McKinnon affirmed. [Read more…]
Citizen’s arrest, off-duty officer/security guard
CITIZEN’S ARREST: Sufficient probable cause/exigent circumstances for off-duty officer working as festival security guard to detain unruly/potentially dangerous person, jailable offense not required… Mahar/McLean affirmed. [Read more…]
Assault, prior threats/conduct
ASSAULT: Alleged threats/conduct prior to charged assault properly allowed under transaction rule… conviction affirmed… Sullivan/Lympus affirmed. [Read more…]
Postconviction, exculpatory pathologist report
POSTCONVICTION claims as to ineffective assistance of trial counsel in not delivering pathologist report refuting autopsy conclusion of strangulation and of appellate counsel in filing Anders brief properly denied… Bidegaray affirmed. [Read more…]
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