ORDER OF PROTECTION against mother on behalf of father and child properly entered and upheld. . . Bowen/McElyea affirmed (IOR I-3(c)). [Read more…]
Archives for 2018
DUI, 811 days speedy trial, blood draw by EMT at jail
DUI: 811 days speedy trial claim properly denied . . . blood draw by EMT at jail properly upheld. . . J. Brown affirmed. [Read more…]
DUI, Deputy’s credibility as to stop & arrest
DUI: Determination of Deputy’s credibility as to traffic stop and arrest not disturbed on appeal. . . license reinstatement properly denied. . . Boucher affirmed (IOR I-3(c)). [Read more…]
DUI, cutting off speeding troopers
DUI: Driver who changed into right lane in front of speeding MHP car properly stopped for unsafe lane change. . . Troopers’ speeding has no bearing on whether Defendant properly changed lanes. . . suppression/dismissal of DUI properly denied. . . Souza affirmed (IOR I-3(c)). [Read more…]
Bail jumping, bounty hunter’s negative comment
BAIL JUMPING: Bounty hunter’s unsolicited comment that former polygamist “more or less devoted his entire life to indoctrinating and brainwashing his family” insufficiently prejudicial to warrant mistrial. . . McMahon affirmed (IOR I-3(c)). [Read more…]
Spoliation sanctions, body shop fire death
SPOLIATION: Defendants in body shop fire death who destroyed or failed to object to destruction of evidence to be sanctioned with adverse instruction and preclusion of contributory. . . Halligan. [Read more…]
Liquor, SB 193 store commissions, Contracts Clause
LIQUOR: SB 193 restructure of agency store commissions does not implicate Contracts Clause. . . Haddon affirmed, reversed. [Read more…]
Liquor, SB 193 store commission, state contract law
LIQUOR: SB 193 restructure of agency store commission rates breached contract under state law, remanded for determination of remedy. . . Haddon reversed (memorandum). [Read more…]
Oil/gas lease, not extended during primary term
OIL & GAS LEASE: Land was not pooled and lease not extended by drilling during primary term, pooling order properly not applied retroactively. . . Cavan affirmed (memorandum). [Read more…]
Settlements
Plan I
Robert Hildebrand, neck, shoulder, back, arms OD, 12/17, Jefferson Co. Sheriff’s Office, MACo designated claim for investigation pursuant to §39-71-608 and paid medical/wage loss, Petitioner had pre-existing injuries to affected parts, during the investigation significant disputes arose as to entitlement to TTD and scope & nature of future medical, MACo advised petitioner in 8/18 that based on an IME by Drs. Rotar, Wilson, and Vincent and absence of a response by Dr. Mack, wage loss benefits were being terminated within 14 days, and that the IME report also opined that MMI had been attained for conditions related to the OD and no further treatment was anticipated for those injuries and thus no further treatment was being authorized, $50,000 for all claims, stipulated judgment; Matthew Braukmann for Hildebrand, Dean Blackaby for MACo [Read more…]
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