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…]
Discrimination, $1,350,000 for distress cut to 0
DISCRIMINATION: $1,350,000 emotional distress award for Indian jail inmate who died of alcohol withdrawal properly reversed by Sherlock due to HRC irregularities, Spear’s original 0 order properly reinstated as final order… order by Reynolds overruling Sherlock reversed on cross-appeal by counties. [Read more…]
Mental commitment, walking in traffic, medicate
MENTAL COMMITMENT: Sufficient evidence to commit woman found walking in traffic, involuntarily medicate as “may be necessary”… Moses affirmed. [Read more…]
Supervisory control, attorney-client privilege
SUPERVISORY CONTROL of Manley denied as to whether an attorney may violate the attorney-client privilege to defend herself against abuse of process and malicious prosecution claims if the client has declined to waive the privilege… order. [Read more…]
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