ATTEMPTED DELIBERATE HOMICIDE: Lesser-included assault instruction properly rejected as to throwing pipe bombs into paths of pursuing officers… conviction of 7 counts of attempted deliberate homicide and 7 life sentences affirmed…. Sandefur affirmed. [Read more…]
Archives for January 2016
Sentencing, non-binding plea agreement
SENTENCING: Because Judge not required to accept every recommendation of non-binding plea agreement, oral pronouncement and written judgment consistent in reflecting intent not to run new sentences concurrent with existing… Krueger affirmed (IOR I-3(c)). [Read more…]
Prosecutorial discretion, mandamus
PROSECUTORIAL DISCRETION: Up to County Attorney whether to prosecute for alleged criminally negligent maintenance of truck exhaust… mandamus properly denied… Ulbricht affirmed (IOR I-3(d)). [Read more…]
Advance medical payments, declaratory judgment
ADVANCE MEDICAL PAYMENTS under Ridley not amenable to declaratory action where material facts are disputed as to negligence and comparative negligence in bicycle/auto collision… Newman. [Read more…]
Defense verdict, med-mal, swine flu death
VERDICT: Defense, med-mal, swine flu death. [Read more…]
Disputed slip & fall injury
Petitioner not injured in slip & fall… Sandler. [Read more…]
Settlements
Plan I
Tammy Price, shoulder(s), 7/15, $90,000, medical closed, Michele Levine [Read more…]
Collateral estoppel, coffee kiosks, other case
COLLATERAL ESTOPPEL: Summary judgment in coffee kiosk case proper based on litigation through trial and appeal of other case… Fagg affirmed (IOR I-3(d)). [Read more…]
Crow Water Compact, off-Reservation objections
CROW WATER COMPACT: Final order affirmed over off-Reservation objections… McElyea affirmed. [Read more…]
Marital, imputed income, past gifts from mother
MARITAL: $100,000/yr income properly imputed to husband, but $75,000 improperly imputed for support/ maintenance purposes based on past gifts from mother (1st impression)… Lympus affirmed, reversed. [Read more…]