INEFFECTIVE ASSISTANCE claims of “revolving door” of OPD attorneys, failure to present evidence of murder victim’s history of violence, failure to prepare Defendant for testifying properly rejected… Neill affirmed. [Read more…]
Archives for March 2016
Drugs, guilty plea rejection, cooperating witnesses
DRUGS: Plea-agreement guilty plea should have been accepted, Defendant should not have gone to trial… Defendant improperly precluded from questioning cooperating witnesses about potential leniency… remanded for plea withdrawal or trial before a different judge… Haddon reversed. [Read more…]
Current Issue
March 26, 2016
Supreme Court – Civil
Supreme Court – Criminal
- Plea agreement, ambiguous, nolo withdrawal
- Ineffective assistance, “revolving door” of attorneys
- Felony murder, IAC, assault & murder spree
Ninth Circuit Court
Federal Trial Courts
Workers’ Compensation Court
Jurisdiction/appeal, campaign finances
JURISDICTION/APPEAL: Denial of motion to dismiss COPP case against party not named in complaint not immediately appealable as issues are statutory/rule interpretation, not subject jurisdiction… order. [Read more…]
Plea agreement, ambiguous, nolo withdrawal
PLEA AGREEMENT: Ambiguity to be construed in favor of Defendant… agreement could be interpreted as either §211(1)(b) or (c), ambiguity construed in favor of (b) allowing withdrawal of nolo arson plea upon rejection of agreement by Judge… Allison reversed. [Read more…]
Felony murder, IAC, assault & murder spree
FELONY MURDER charge stemming from assault & murder spree in small area and very short time properly addressed at trial and on appeal, counsel not ineffective in dealing with it… Gustafson affirmed. [Read more…]
Insurance bad faith, JML, TIC investments
INSURANCE BAD FAITH: JML for insurer on bad faith claims following settlement of Tenants-in-Common investments suit by ranch… Haddon. [Read more…]
Settlements
Plan I
Mary Thomas, shoulder(s), 9/15, $27,250, medical reserved, Douglas Skjelset
Armida Hipp, low back, 3/15, $25,000, medical closed, Kenneth Thomas [Read more…]
Current Issue
March 19, 2016
Supreme Court – Civil
Supreme Court – Criminal
Ninth Circuit Court
- Arbitration, essence of stay motion not under FAA
- Sentencing, kicking death, double jeopardy
- Indians, Indian status of Defendant, victim
Workers’ Compensation Court
Human Rights
Inverse condemnation, “further relief,” case closed
INVERSE CONDEMNATION: “Further relief” declaration that retracement survey is void and City prepare landowner plats properly denied and case ordered closed after years of street widening litigation… appeal fees denied… McLean affirmed (IOR I-3(c)). [Read more…]
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