VERDICT: $941,537.62, construction lien, tank farm subcontractor. [Read more…]
Archives for March 2018
Settlements
Plan I
Kent Reisenauer, neck, 4/15, ADL Law Enforcement Dept., liability accepted, indemnity/medical benefits paid, dispute as to entitlement to PTD and certain medical benefits, Petitioner also seeks penalty/fees/costs, $400,000 new money for all claims, stipulated judgment; Bernard Everett for Reisenauer, Oliver Goe for MMIA [Read more…]
Work comp, chiropractor as “physician”
WORK COMP: Fleming incorrectly held that WCA procedural statutes in effect date of injury apply, Blythe correctly held that definition of “physician” is the one in statutes in effect at time of trial (includes chiropractors). . . Sandler “reversed” albeit correctly applying most recent holding. [Read more…]
Grandparent visitation, mother’s fitness
GRANDPARENT VISITATION improperly awarded without specific consideration of mother’s fitness and finding that presumption in favor of mother’s wishes had been rebutted. . . Oldenburg reversed. [Read more…]
Deliberate homicide, self-defense, cumulative error
DELIBERATE HOMICIDE: Statements by victim provided evidence of state of mind immediately preceding drunken altercation over whether Army or Marines are better, tended to show why Defendant used force, improperly precluded as hearsay. . . inquiry into pathologist’s credibility based on letter accusing him of misconduct and false testimony improperly precluded. . . cumulative errors require reversal, remand for new trial. . . Judge within discretion in resolving jury’s concerns about being photographed by media by assuring that media respects their privacy although would have been better to question jurors. . . Knisely reversed. [Read more…]
Sentencing, MSP sex treatment v. DOC commitment
SENTENCING: Phases I & II sex treatment at MSP wrongly imposed in conjunction with DOC commitment for sex sting Defendant. . . remanded for resentencing. . . Kutzman reversed. [Read more…]
Sentencing, PFO prison alternatives
SENTENCING: Prison alternatives to PFO mandatory minimum properly considered and rejected. . . unobjected imposition of fees/costs not considered on appeal, counsel’s failure to object more amenable to postconviction. . . meth conviction affirmed. . . Moses affirmed. [Read more…]
MAPA, NWE modeling costs, reasonable notice
MAPA: PSC violated NWE’s right to due process by failing to provide reasonable notice that modeling costs would be at issue in the contested case regarding its Electricity Supply Tracker Application. . . remanded to restore modeling costs. . . Menahan. [Read more…]
Sex abuse of minor, uncharged sex abuse
SEX ABUSE OF MINOR: Testimony by victim’s sister as to uncharged sex abuse by Defendant properly admitted. . . Watters affirmed (unpublished). [Read more…]
Firearms, search of probationer’s vehicle
FIREARMS: Suppression of evidence seized in searches of probationer’s vehicle following DUI stop properly denied. . . Watters affirmed (unpublished). [Read more…]
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