PLEA AGREEMENT recommendation of deferred imposition for criminal endangerment not breached by Prosecutor’s concerns as to Defendant’s obvious poor performance/noncompliance/chemical issues which Judge found required commitment… court information surcharge improperly imposed per count… Jones affirmed, reversed. [Read more…]
Archives for 2017
Drugs, statutory 35% of value of marijuana
DRUGS: Statutory fine of 35% of value of marijuana properly imposed despite State not alleging the enhancement as part of the charge and Defendant not admitting to the value… Simonton affirmed. [Read more…]
Drugs, stop of car with headlight out, search
DRUGS: Sufficient implied findings to support general conclusions denying suppression of drugs seized following stop of car with headlight out and search based on consent of passenger in parents’ car… Dayton affirmed. [Read more…]
Speedy trial, imprisonment in Minnesota
SPEEDY TRIAL: Most of 431 days attributable to Defendant whose imprisonment in Minnesota was due to his own actions… Cybulski affirmed. [Read more…]
Attorney disqualification, $12 million confession
ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]
Insurance, U System TPA, MVA made-whole rights
INSURANCE: University System health plan TPA not liable to MVA Plaintiff for statutory or common law bad faith based on allegation that it violated her made-whole rights… Rienne McElyea. [Read more…]
Settlements
Plan I
Kenneth Croff, multiple, 4/01, disputed PT, $187,500, Matthew Murphy
Koki Green, upper arm, 10/13, $42,296, medical reserved, Tom Murphy [Read more…]
Foreclosure, $190,674 deficiency, $36,089 fees/costs
FORECLOSURE: $190,673.89 deficiency plus $36,088.50 fees/costs affirmed following remand from finding by Lympus of 0 deficiency, urging of $740,673.89 by Credit Union… Allison affirmed (IOR I-3(c)). [Read more…]
Marital, parenting plan amendment, role of GAL
MARITAL: Parenting plan properly amended over GAL’s inappropriate advocacy for mother in limiting 14-year-old’s time with father in Virginia… $500/day contempt for wife encouraging daughter’s defiance to withhold parenting time not appealable until fees/costs determined… Ulbricht affirmed. [Read more…]
Marital, assignment of structured tort settlement
MARITAL: Wife’s due process rights not violated by show cause hearing in her absence (she was out of state) where her lawyer was present and her current husband testified for her… property settlement agreement correctly interpreted that husband’s share of a structured tort settlement which he assigned to wife should be terminated following daughter’s graduation, but 5 years of payments while daughter not in school improperly ordered reimbursed as husband did not request monetary relief in motion… Eddy affirmed, reversed (IOR I-3(c)). [Read more…]
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