Archives for 2017

Elder exploitation, same judge in guardianship

September 9, 2017 By lilly

ELDER EXPLOITATION: Judge who presided in guardianship/conservatorship not required to recuse in criminal case… no prejudice from late disclosures or alleged juror misconduct… conviction affirmed… McLean affirmed. [Read more…]

Restitution, grain theft, failure to object

September 9, 2017 By lilly

RESTITUTION challenge by grain thief waived by failure to object… Cybulski affirmed (IOR I-3(c)). [Read more…]

Touch DNA testing, burglary fingerprints

September 9, 2017 By lilly

TOUCH DNA TESTING of finger prints from mirror and door properly denied as absence of burglary Defendant’s DNA would not have exonerated him in light of other evidence at trial… Salvagni. [Read more…]

$1,838,000 verdict, house construction contract

September 9, 2017 By lilly

VERDICT: $1,838,000, house construction contract. [Read more…]

$400,000 settlement, deputy termination

September 9, 2017 By lilly

SETTLEMENT: $400,000 and no reinstatement, following trial in which Deputy was found wrongfully terminated for “insubordination” and awarded $125,786.71 back pay/benefits, $247.25 per diem until reinstatement or case resolved. [Read more…]

Firearms, component kits, demilled receiver

September 9, 2017 By lilly

FIREARMS: Sufficient evidence that kits had all components for assembling a firearm, no need to address whether demilled receiver may support conviction of manufacturing/dealing… no prejudicial spillover of evidence on acquitted machine gun count… Christensen affirmed (unpublished). [Read more…]

Violent offender registration

September 9, 2017 By lilly

VIOLENT OFFENDER REGISTRATION: Compliance with registration requirements of any state reasonable… Watters affirmed (unpublished). [Read more…]

Settlements

September 9, 2017 By lilly

Plan I

Jason Miller, low back, 1/17, $80,000, Richard Martin

Tyler Reed, multiple, 9/15, $40,000, Laurie Wallace [Read more…]

Race discrimination, tribal ID for alcohol/tobacco

September 9, 2017 By lilly

RACE DISCRIMINATION: $7,000 for emotional distress from convenience store not accepting tribal ID for purchase of alcohol… Terry Spear. [Read more…]

Police pay, longevity, $2,738,145.12 judgment

September 2, 2017 By lilly

POLICE PAY: CBAs’ longevity provisions improperly found unambiguous while excluding City’s extrinsic evidence but selectively relying on Officers’… $2,738,145.12 judgment reversed, remanded for retrial with extrinsic evidence… Swandal/Gilbert reversed. [Read more…]