PODIATRY MALPRACTICE: Rulings on health insurance, cross of expert, prior unrelated med-mal claims affirmed… defense verdict affirmed… Larson affirmed (IOR I-3(d)). [Read more…]
Archives for October 2015
Judge substitution, CJ-appointed retired judge
JUDGE SUBSTITUTION: Chief Justice assignments of retired judges under §19-5-103 are within the scope of the right to substitution under §3-1-804… supervisory control of Christopher and Manly granted, new judge shall be assigned in place of Ret. Judge Harkin… sealed exhibits in petition ordered unsealed… opinion & order. [Read more…]
UI, electrician quit due to co-worker stress
UI properly denied electrician who quit from stress over non-electricians doing electrical work… Larson affirmed. [Read more…]
Foreclosure, MERS interests
FORECLOSURE: Attempt to invalidate interests of MERS et al in defaulted property properly rejected… Ortley affirmed (IOR I-3(d)). [Read more…]
Attempted deliberate homicide, disputed stabber
ATTEMPTED DELIBERATE HOMICIDE: Mid-trial disclosure of video of interview of jail inmate claiming key witness admitted being the stabber not prejudicial to Defendant in violation of Brady… failure to offer accomplice instruction not ineffective… Newman affirmed. [Read more…]
DUI, spinning gravel, “evasive” driving
DUI: Spinning gravel at intersection, “evasive” driving, provided sufficient particularized suspicion to stop… Wheelis affirmed (IOR I-3(d)). [Read more…]
Negligence, calf/vehicle collision
NEGLIGENCE: Collision between calf and vehicle must be analyzed under negligence standard, not negligence per se… Spaulding. [Read more…]
Easement by necessity, deadlocked parcel
EASEMENT BY NECESSITY found to deadlocked parcel across adjoining land, both parcels originally owned by US at time of severance… Huss. [Read more…]
Defense verdict, highway construction damages
VERDICT: Defense, property damage/contract/negligence claims by property owners adjoining highway construction. [Read more…]
Death penalty, “ultra-fast-acting barbiturate”
DEATH PENALTY: State enjoined from using pentobarbital unless/until statute authorizing “ultra-fast-acting barbiturate” is modified… Sherlock. [Read more…]
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