SENTENCING: Remarks suggesting harsher sentence for assault on officer to set example for Tribe improper, remanded… Molloy reversed (unpublished). [Read more…]
Archives for December 2014
Sentencing, variance v. upward
SENTENCING: Upward variance imposed (not upward departure), Rule 32(h) notice not required… sentence 12 months above Guidelines for felon in possession of firearm substantively reasonable… Watters affirmed (unpublished). [Read more…]
Settlements
Plan I
Matthew Pascuita, body systems, 7/14, disputed, $30,000, Stacy Tempel-St. John [Read more…]
Medical records privacy, comp surveillance video
MEDICAL RECORDS PRIVACY: Letter from doctor to MSF expressing concern about surveillance video was authorized communication, not breach of privacy or physician/patient, not knowingly assisting in fraud prosecution… claims against doctor properly dismissed on summary judgment… Fagg affirmed. [Read more…]
Legal malpractice, duty to ex-stepchildren
LEGAL MALPRACTICE claims properly dismissed for, inter alia, lack of duty owed to deceased client’s ex-stepchildren… protective order/attorney fees properly granted for discovery requests maintained following dismissal… Menahan affirmed (IOR I-3(d)). [Read more…]
Amendment, misrepresentation, home defects
AMENDMENT to state negligent misrepresentation against supplier of log home materials properly denied as untimely and following summary judgment on home defects claim… Todd affirmed (IOR I-3(d)). [Read more…]
Bar admission, pro bono reporting
BAR ADMISSION: Pro bono reporting process adopted for Bar applicants… order. [Read more…]
Discovery, DPHHS files of alleged sex victims
DISCOVERY: Once sex-offenses Defendant invoked right to DPHHS files of alleged victims, Judge was required to conduct in camera review to ascertain if they contained exculpatory information… appeal of conviction dismissed without prejudice, remanded for in camera review… McNeil reversed… opinion & order. [Read more…]
Plea withdrawal, “thinking about withdrawing”
PLEA WITHDRAWAL: PSI statement that Defendant was “thinking about withdrawing my plea” properly not construed as motion to withdraw… Judge not mind-reader… Simonton affirmed (IOR I-3(d)). [Read more…]
Postconviction, statutory rape revocation
POSTCONVICTION motions stemming from 2010 revocation of 1997 statutory rape sentence properly rejected… Lympus affirmed (IOR I-3(d)). [Read more…]