DEFAMATION: Statement alleging theft which was averred in hearer’s affidavit to be defamatory but later characterized in deposition as joke, critical statements in City Council meetings, properly dismissed on summary judgment… Souza affirmed. [Read more…]
Archives for April 2016
Appeal procedure, marijuana ruling postponement
APPEAL PROCEDURE: Rehearing denied as to Opinion upholding most of 2011 Medical Marijuana Act including 3-person limit on patients, but effective date postponed to 8/31/16 to provide transition period, request to postpone to next Legislature denied… order. [Read more…]
Water, standard of review, water volume
WATER: Incorrect standard of review of Water Master Ritter’s findings by Water Court nonetheless produced proper water volume result… McElyea affirmed. [Read more…]
Collateral attack, 1979 divorce/ranch sale
COLLATERAL ATTACK of 1979 default divorce and sheriff’s sale of ranch properly precluded from in absentia trial of intimidation/stalking/trespass/order of protection charges stemming from 2014 visit to ranch after 28 years in prison stemming from previous ranch ownership challenges… convictions, 75-year sentence, affirmed… Langton affirmed (IOR I-3(c)). [Read more…]
Drugs, parole violator search, amended information
DRUGS: Meth found on parole violator properly not suppressed… arraignment not required for amended information… discovery request properly denied… complaints about attorney adequately addressed… Manley affirmed. [Read more…]
Defense verdict, provoked assault/battery
VERDICT: Defense, provoked assault & battery. [Read more…]
Sentencing, tribal thefts, high-level position
SENTENCING: High-level position, organizer or leader, enhancements properly applied to tribal theft convictions, restitution properly calculated… Morris affirmed (unpublished). [Read more…]
Sentencing, tribal thefts, gratuity guideline
SENTENCING: Gratuity guideline properly applied to tribal theft convictions… Morris affirmed (unpublished). [Read more…]
Settlements
Plan I
Julie Gettel, low back, 8/06, disputed PTD, reasonableness of benefit denial, Benefis agrees to designate Petitioner PTD as of 8/15, all TTD paid since then shall be reclassified as PTD, Benefis agrees to $7,500 advance of PTD for purchase of current vehicle to ensure transportation to medical appointments, facilitate relocation to more affordable housing, and to pay Petitioner and her counsel an additional $4,735, Petitioner withdraws request for assessed fees/costs/penalty, stipulated judgment; Stacy Tempel-St. John for Gettel, Andrew Adamek for Benefis [Read more…]
Insurance, “accidents”/”intentional,” house collapse
INSURANCE: MSC inconsistencies clarified, “accidents” may include intentional acts if damages not objectively intended or expected by the insured… fact issues as to collapse of lake house during remodel preclude summary judgment as to CGL coverage… Ortley reversed. [Read more…]
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