MENTAL COMMITMENT: Counsel not ineffective under clarified standard which requires application of Strickland… commitment affirmed… Reynolds affirmed. [Read more…]
Archives for 2017
Appeal procedure, judicial notice, FELA ARD
APPEAL PROCEDURE: Judicial notice of documents from other cases in FELA ARD statute of limitations case denied… order. [Read more…]
Sentencing, refusal to explain statutory rape
SENTENCING: Statutory rape sentence that exceeded plea agreement recommendation not inappropriately based on refusal to answer PSI question as to reason for offense which Defendant declined to answer on advice of counsel… Pinski affirmed. [Read more…]
Settlements
Plan I
Lisa Lester, shoulder(s), 1/16, disputed, $2,500, Leslae Dalpiaz
No lawyer: Valerie Bruff, shoulder(s), 15, $11,300, med res [Read more…]
Disability/age, conductor trainee, $11,170.18
DISABILITY/AGE DISCRIMINATION: $1,170.18 wages plus interest plus $1,000 emotional distress for conductor trainee terminated for safety reasons but with discriminatory animus and without interactive risk-of-harm analysis… David Scrimm/HRC. [Read more…]
Sex discrimination, “neighbors with benefits”
SEX DISCRIMINATION IN HOUSING: No evidence of illegal discrimination or retaliation by termination of month-to-month lease after years of “neighbors with benefits” relationship soured… David Scrimm. [Read more…]
Gravel contract, FOB place of shipment
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…]
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…]
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