WORK COMP: §604(3) ex parte insurer/provider contacts unconstitutional as violative of right of privacy… a narrowly crafted release authorizing ex parte contact solely for administrative purposes would not violate privacy… Shea affirmed. [Read more…]
Archives for September 2014
Probate/res judicata, reopen
PROBATE/RES JUDICATA: Petition to reopen probate alleging fraud by PR and newly discovered tangible personal property not precluded under by res judicata by prior dismissal of breach of fiduciary claim “with prejudice” for lack of subject jurisdiction (1st impression)… Olson reversed. [Read more…]
Appeal procedure, dog conversion
APPEAL PROCEDURE: Dog conversion judgment affirmed for lack of comprehensible legal basis for pro se appeal… Spaulding affirmed (IOR I-3(d)). [Read more…]
Marital, personal property valuation
MARITAL: Personal property properly valued at present market value… Allison affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, full v. part advisory
PLEA WITHDRAWAL: Full 46-12-211(4) advisory must be given at time Judge notifies Defendant that he is rejecting plea agreement, not part at plea change hearing and part at sentencing hearing (1st impression)… sentence vacated… Deschamps reversed. [Read more…]
Animal cruelty, “possession” of horses
ANIMAL CRUELTY: Sufficient evidence that horses were in Defendant’s “custody” following foreclosure… conviction affirmed… Watters affirmed (IOR I-3(d)). [Read more…]
Postconviction, handwritten prison form
POSTCONVICTION petition alleging ineffective assistance improperly summarily dismissed based on handwritten prison form petition in light of 25-page typed supporting memorandum… other claims properly dismissed… Jones reversed, affirmed (IOR I-3(d)). [Read more…]
Endangerment, “knowingly” instruction
ENDANGERMENT: Sufficient evidence that DUI driver “knowingly” struck truck/trailer that was backing into driveway regardless of whether jury was provided incorrect conduct-based rather than result-based definition for endangerment… Neill affirmed (IOR I-3(d)). [Read more…]
Youth sex registration, plea agreement
YOUTH SEX REGISTRATION: Youth properly required to register despite contrary intent of plea agreement… Langton affirmed (IOR I-3(d)). [Read more…]
FOIA, Job Corps hostility investigation
FOIA: Documents in investigation of Job Corps hostility properly redacted in part, improperly redacted in part… Molloy affirmed, reversed. [Read more…]