MEDICAL MALPRACTICE: Podiatrist properly precluded from testifying in suit against orthopedic surgeon relating to foot surgery which resulted in defense verdict… CPA claims properly dismissed as premised on professional negligence claims… H. Brown affirmed. [Read more…]
Archives for 2015
Public road, Modesty Creek rehearing denied
PUBLIC ROAD: Rehearing denied as to Modesty Creek Road rulings… order. [Read more…]
Restitution, “car-hopping” youth, $888
RESTITUTION: General one-word objections inadequate to preserve for appeal arguments that victims failed to file affidavits or testify and Judge relied on replacement value and failed to consider ability to pay… $888 “car-hopping” restitution properly imposed on youth… Olson affirmed (IOR I-3(c)). [Read more…]
Plea withdrawal, §211(1)(c) v. (b)
PLEA WITHDRAWAL: Defendant knowingly entered plea under §211(1)(c) despite claim that he thought it was (b)… hearing into alleged attorney misconduct during private conversations before rejecting ineffective assistance claims not necessary since Defendant could not withdraw plea… Jones affirmed (IOR I-3(c)). [Read more…]
Wrongful discharge, assistant store manager alcohol
WRONGFUL DISCHARGE: Summary judgment precluded by fact issues as to whether assistant store manager violated policies by drinking with subordinates on business trip, whether purported loss of trust constituted good cause, whether reason was pretextual… Molloy reversed (unpublished). [Read more…]
Settlements
Plan I
Joni McNeil, multiple, 5/11, $70,000, Charles McNeil [Read more…]
Water, Eureka Reservoir, 1890 canal rights
WATER: Off-stream storage in Eureka Reservoir not included in 1890 canal rights… Ritter reversed. [Read more…]
Abuse & neglect, cohabitant non-father party
ABUSE & NEGLECT: Cohabitant who acted as father to child not entitled to appear as party in child’s proceeding, but may be allowed to give input as “person interested”… Bidegaray affirmed, reversed. [Read more…]
Postconviction, trial-related claims, IAC
POSTCONVICTION claims properly rejected without response or hearing except as to PFO issue… Deschamps affirmed, reversed. [Read more…]
Postconviction, amended judgment
POSTCONVICTION: New filing period not triggered by amended judgment clarifying probation conditions… Bidegaray affirmed (IOR I-3(c)). [Read more…]
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