GIFT INTER VIVOS of mother’s farm shares to son properly upheld over challenges by other son… Olson affirmed. [Read more…]
Archives for 2017
Lakeshore, land between high/low water marks
LAKESHORE: Owner on non-navigable lake properly found to own between high/low water marks on her property, over claim of neighbors to all land around the lake… Allison affirmed. [Read more…]
Marital, support income imputation, wealthy father
MARITAL: $300,000/yr income for support purposes properly imputed to wealthy businessman with negative adjusted gross income… Stadler affirmed (IOR I-3(c)). [Read more…]
Plea withdrawal, accused child molester
PLEA WITHDRAWAL by accused child molester properly granted based on pervasive air of fear during trial stoked by accuser’s parents and culminating in Defense counsel’s suicide, but ineffective assistance as basis for withdrawal not supported… Spaulding affirmed. [Read more…]
Double jeopardy, state/federal, firearms
DOUBLE JEOPARDY: Interim appeal allowed in this case but future double jeopardy challenges available only by supervisory control petition… State prosecution of credit card, burglary, theft not violative of double jeopardy vis-à-vis Federal firearms convictions stemming from same crime spree… Seeley affirmed. [Read more…]
Sentencing, 110 years de facto life, youth killer
SENTENCING: 1999 sentence of 110 years with no parole for 17-year-old killer not violative of 8th Amendment as de facto life sentence under recent USSC rulings in light of good time credit eligibility and concurrent effect of Washington murder sentence… habeas denied… Purcell affirmed. [Read more…]
Order of protection, “choice of 2 evils”
ORDER OF PROTECTION: Counsel not ineffective for failing to move to dismiss charge as unconstitutional because he had a right to access his attorneys and the courts or for failing to preserve his “lesser of 2 evils” defense or instruction… conviction affirmed… Jenks/ Deschamps affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Daniel Joliff, low back, 6/15, $50,000, medical closed, Richard Martin
Leslie Hiller, ear(s), 9/17, disputed, $4,000, Bradley Jones
No lawyer: Gary Stempin, mult, 96, $25,000 [Read more…]
Hospital malpractice, $435,518 verdict vacated
HOSPITAL MALPRACTICE: $435,518 verdict for failure to timely remove lung clots filter properly vacated for lack of expert testimony as to standard of care… Cooney affirmed. [Read more…]
Justice Court appeal, in forma pauperis motion
JUSTICE COURT APPEAL properly denied for lack of jurisdiction prior to ruling on tenants’ previous motion to proceed in forma pauperis… $20,524 wrongful detainer damages to landlord exceeded $12,000 Justice Court jurisdictional limit… Allison affirmed, JP Wilson reversed. [Read more…]
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