GRAVEL CONTRACT: FOB place of shipment contract properly determined on summary judgment to require measurement by ton at the pit, not by volume at project site… $66,269.95 properly awarded seller as balance due plus attorney fees… Jones affirmed. [Read more…]
Archives for August 2017
Fair representation, union attorney gross negligence
FAIR REPRESENTATION: Fired policeman improperly awarded $47,550 attorney fees as element of compensatory damages on DFR claim stemming from union attorney’s extraordinary gross neglect in handling grievance… $50,000 punitives improperly awarded without compensatory damages predicate… Ulbricht reversed. [Read more…]
Campaign practices, $68,232.58 verdict
CAMPAIGN PRACTICES: Civil prosecution of campaign finance violations properly resulted in $68,232.58 judgment including trebling of $19,599 verdict… Dayton affirmed. [Read more…]
Prosecutorial misconduct/sentencing, pills
PROSECUTORIAL MISCONDUCT/SENTENCING: Prosecutor improperly urged stiff sentence because of drug Defendant’s jail phone “venting” against Prosecutor but did not influence sentence… counsel not ineffective for not seeking continuance so mother & sister could provide ameliorating testimony as to jail conversation… 10-year PFO sentence proper whether based on prior PFO or not… 23 supervision recommendations in judgment unlawful because not in oral pronouncement… Seeley affirmed, reversed. [Read more…]
SIWC/sexual assault of child
SIWC/SEXUAL ASSAULT of child conviction affirmed over challenges as to unanimity instruction, ineffective assistance, vouching by Prosecutor, nudity/ Internet sentencing conditions… Hayworth, Murnion affirmed (IOR I-3(c)). [Read more…]
DUI, rollover absent driver
DUI: Trooper had “reasonable grounds” to believe absent driver had been DUI at time of rollover… McKeon affirmed (IOR I-3(c)). [Read more…]
Cow strike, federally funded road, willful conduct
COW STRIKE: §27-1-724 willful conduct standard not applicable to Hwy 212 which receives federal funding even though no longer called a “federal-aid primary” route… alleged violation of 60-7-201 to be analyzed under ordinary negligence standard with reasonableness of owner’s conduct a jury question… Moses. [Read more…]
Settlements
Plan I
No lawyer: Kay Brown, hip, 16, $4,500 [Read more…]
Partnership dissolution, family ranch
PARTNERSHIP DISSOLUTION: Judicial dissolution of family ranch not necessary as partner’s interest was subject to Agreement’s buyout provisions… no jurisdiction to award fees following deemed-denied period… Huss reversed, affirmed as to dissolution; Hayworth reversed as to fees. [Read more…]
Sexual assault, sentence “misunderstanding”
SEXUAL ASSAULT sentence not based on misunderstanding facts of basketball coach’s sexual relationships… J. Brown affirmed (IOR I-3(c)). [Read more…]
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