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…]
Archives for 2017
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…]
Ineffective assistance, intimidation/tampering
IAC claims by intimidation/tampering Defendant properly denied… Langton affirmed. [Read more…]
Postconviction, untimely IAC, equitable exception
POSTCONVICTION: Equitable exception to untimely IAC claim properly denied Canadian drug Defendant faced with deportation… Seeley affirmed (IOR I-3(c)). [Read more…]
Search & seizure, jail phone recording, MSP nurse
SEARCH & SEIZURE: No standing by jail inmate to contest recording of conversation consented to by another inmate which resulted in tampering charge against nurse accused of SIWC at MSP… Dayton affirmed (other grounds) (IOR I-3(c)). [Read more…]
Environment, $99,294,000 CERCLA contribution
ENVIRONMENT: Smelter operator brought timely action against predecessor for contribution toward $99,294,000 CERCLA settlement… remanded for determination whether Plaintiff entitled to contribution and how much… 1st impression issues… Christensen reversed. [Read more…]
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