FARM/RANCH LEASE: Failure to pay electricity bill not a material breach warranting default… property on ranch belonged to lessee… attorney fees to lessee below and on appeal… Bidegaray affirmed (IOR I-3(d)). [Read more…]
Archives for October 2014
Water, no private right to deliver
WATER: No private right to deliver water through ditch… rights that can be diverted properly listed… McElyea affirmed, reversed. [Read more…]
Rape, new trial, prior molestation charge/acquittal
RAPE: New trial should have been granted for use of newspaper article about prior molestation charge (of which Defendant was acquitted) to insinuate that Defendant was child molester and therefore more likely to have assaulted alleged victim rather than merely explain how article prompted her to come forward after 4 years… Stadler reversed. [Read more…]
Burglary, intent to commit custodial interference
BURGLARY: Sufficient facts that Defendant broke into house with intent to commit custodial interference by taking grandchildren, not necessary to allege custodial interference facts… Todd affirmed (IOR I-3(d)). [Read more…]
Revocation, rape witnesses limit, alcohol admission
REVOCATION: Witnesses as to alleged victim’s credibility as to rape/PFMA properly limited to 3 rather than 7 requested by Defendant… regardless, revocation proper based on alcohol admission…. Townsend affirmed (IOR I-3(d)). [Read more…]
Fitness, developmental disability, murder/kidnap
FITNESS to stand trial not automatically precluded by developmental disability… factual determination by Simonton that murder/kidnap Defendant is fit not amenable to supervisory control… order. [Read more…]
DUI, erratic driving
DUI: Particularized suspicion for stop properly found based on testimony/video of erratic driving… Townsend affirmed (IOR I-3(d)). [Read more…]
DUI, erratic driving
DUI: Particularized suspicion to stop based on erratic driving in early morning near bars… Langton affirmed (IOR I-3(d)). [Read more…]
Group health plan, auto liability exhaustion
GROUP HEALTH PLAN: Class certified in made-whole challenge of exclusions providing that auto liability be exhausted prior to processing claims… JPT, not County, statutory insurer subject to made-whole laws… Defendants ordered to reform plans by removing illegal exclusion… notice to absent class members [Read more…]
Defense judgment, auto death insurance exclusions
BENCH JUDGMENT: Claims of negligent entrustment/supervision of son who stole death car from parents precluded by home policy exclusions for injury arising out of ownership/use of parents’ car, failure to prove exclusion ambiguities or gross negligence… [Read more…]