FALSE ARREST claims by non-Indian against BIA officers properly rejected based on qualified immunity, facially valid bench warrant… Haddon affirmed (unpublished). [Read more…]
Archives for July 2017
Child pornography, closed bulletin board “notice”
CHILD PORNOGRAPHY: Defendant improperly precluded from arguing that posts on closed bulletin board in this particular case did not constitute “notice” or “advertisement”… Christensen reversed. [Read more…]
Settlements
Plan I
Andrew Lindeman, upper arm, 9/07, unknown, 6/08, $51,421 settlement of disputed PPD reached in 9/11 with medical reserved, disputes as to entitlement to additional compensation, $104,500 for all claims plus CHS shall pay $11,869 as seed money to fund MSA and also purchase temporary life annuity that will pay $4,954/yr for up to 18 years, stipulated judgment; Ben Snipes for Lindeman, Kelly Wills for CHS [Read more…]
Bankruptcy, health savings account exemption
BANKRUPTCY: HSAs exempt within statutory use constraints… certified question by Kirscher. [Read more…]
SNAP, failure to provide cohabitant’s income
SNAP properly terminated for failure to provide cohabitant’s income… Cooney affirmed. [Read more…]
Water well right, agreement for use, ratification
WATER WELL RIGHT: Co-tenant who was unaware of agreement for use of well and did not ratify it is not bound by it… use which began as permissive did not ripen into adverse possession… right not obtained through laches… Oldenburg reversed (IOR I-3(c)). [Read more…]
Grandparent contact, mother presumption
GRANDPARENT CONTACT: Grandparents failed to overcome presumption that Mother’s wishes are in best interest of children… Ortley affirmed (IOR I-3(c)). [Read more…]
Deliberate homicide, prior PFMA, “forceful slam”
DELIBERATE HOMICIDE: Prior PFMA involving banging wife’s head on floor properly admitted to show motive, opportunity, and absence of mistake or accident in death of infant by “forceful slam against some broad object”… conviction affirmed… Krueger affirmed. [Read more…]
Aggravated burglary, assault as lesser-included
AGGRAVATED BURGLARY: Pro-se’s imperfect instruction on assault as a lesser-included improperly denied… Boucher reversed. [Read more…]
Speedy trial, 375 days, robbery
SPEEDY TRIAL claim properly rejected based on 375 days of delay with 14 to robbery Defendant and the rest as institutional to the State… claim that attorney was ineffective for waiving speedy trial hearing more amenable to postconviction…. Newman affirmed. [Read more…]