POSTCONVICTION: Claims of new evidence in form of expert testimony challenging AHD diagnosis in child’s death and ineffective assistance for not presenting the evidence at trial remanded for consideration under Marble… McLean reversed. [Read more…]
Archives for September 2015
Deliberate homicide, interview, no Miranda waiver
DELIBERATE HOMICIDE: Interview without Miranda waiver contained nothing incriminating, but in any event there was ample evidence of guilt of murdering ex-wife… Simonton affirmed. [Read more…]
Justice Court appeal, stipulated facts, MIP
JUSTICE COURT APPEAL: Justice Court denial of motion to suppress/dismiss MIP properly affirmed in de novo review of stipulated facts and briefs… Tucker affirmed (IOR I-3(d)). [Read more…]
DUI, independent blood test
DUI: Right to independent blood test not violated for Defendant ultimately sentenced to 30 years at MSP for 4th DUI/PFO… Todd affirmed (IOR I-3(d)). [Read more…]
DUI, post-arrest blood sample after PAST refusal
DUI: Officer not precluded from obtaining consent for post-arrest blood/breath sample after refusal of PAST… Haynes affirmed (IOR I-3(d)). [Read more…]
Defense verdict, UIM, multiple injury claims
VERDICT: Defense, UIM, multiple injury claims. [Read more…]
Settlements
Plan I
Steven Coxe, multiple, 5/14, 2/15, Fallon Medical Center, disputed as to medical causation & insurer’s liability, $75,000, medical closed, stipulated judgment; Russell Plath for Coxe, Joe Maynard for MHNWCIT [Read more…]
Conservation restrictions, easement in gross
CONSERVATION RESTRICTIONS in deed created easement in gross enforceable against successor grantee, rule against perpetuities not violated… Menahan affirmed. [Read more…]
Wrongful discharge, DPHHS attorney
WRONGFUL DISCHARGE: Good cause for termination of DPHHS attorney… Menahan affirmed. [Read more…]
Contract, “cooperate & participate,” attorney fees
CONTRACT: Provision requiring parties to real estate agreement to “cooperate and participate” in quiet title action does not require payment of share of attorney fees… Cybulski affirmed (IOR I-3(d)). [Read more…]