POSTCONVICTION claims relating to withdrawal of nolo plea to theft and ineffective assistance properly denied… McKittrick/Pinski affirmed (IOR I-3(d)). [Read more…]
Archives for June 2015
Postconviction, pro se counsel entitlement
POSTCONVICTION: Pro se incest Petitioner not entitled to counsel to assist with new arguments… trial/ appellate counsel not ineffective for not objecting to “gratifying” or “regularly resides”… 50-year sentence legal… Newman affirmed (IOR I-3(d)). [Read more…]
State employee benefits plan, “experimental”
CLASS CERTIFICATION: Class of state employee benefits plan beneficiaries denied benefits under “experimental for research” exclusion certified on remand, certification modified to require members to be responsible for re-opening their own claims… Neill. [Read more…]
$19,731.02 verdict, disputed UIM
VERDICT: $19,731.02, low-speed rear-end MVA, soft-tissue neck… dispute remains as to whether UIM benefits due after payment of $25,000 by at-fault driver’s insurer. [Read more…]
FTCA, tribal officers BB gun shooting
FTCA: Claims against US for tribal officers shooting BB guns at Plaintiff’s workplace resulting in BB striking Plaintiff in eye not amenable to dismissal for lack of subject jurisdiction under present circumstances… Morris. [Read more…]
Search & seizure, adult daughter’s bedroom
SEARCH & SEIZURE: Mother lacked authority to consent to search of adult daughter’s bedroom which daughter shared with boyfriend who possessed guns, boyfriend’s probation status not basis for search as he had been kicked out day before, evidence suppressed as to daughter’s charge of possession of stolen firearms… boyfriend had no expectation of privacy, evidence not suppressed as to his charge of felon in possession and possession of stolen firearms… Watters. [Read more…]
Subpoena duces tecum, improper service
Petitioner challenging former attorney’s fee lien had no obligation to produce documents at deposition because he was not personally served by a non-party, contempt/ sanctions denied… Sandler. [Read more…]
Exposure to swimming pool chemicals
Exposure to swimming pool chemicals not proven to be cause of peripheral neuropathy… Sandler. [Read more…]
Settlements
Plan II
Thomas Stelling, low back, 1/13, $100,000, Steve Carey [Read more…]
Insurance, notice-prejudice, 3rd-party
INSURANCE: Insurer who does not receive timely notice pursuant to policy terms must demonstrate prejudice to avoid defense/indemnification… notice-prejudice rule in 3rd-party case… certified question by 9th Circuit. [Read more…]