Plan I
Tye Schulz, skull, 12/04, $24,900, Russell Plath [Read more…]
Archives for August 2018
Legal malpractice insurance, rescission, innocent partner
LEGAL MALPRACTICE INSURANCE improperly rescinded, voided ab initio, as to innocent partner of partner who stole from clients. . . ruling upholding rescission understandable as based on erroneous precedent that insurers had statutory right to rescission without equitable considerations. . . stare decisis does not require perpetuation of incorrect precedent. . . 3rd-party claims properly barred because they were lodged after policy canceled or under criminal exclusion. . . Haynes reversed, affirmed. [Read more…]
Attorney discipline, parenting representation
ATTORNEY DISCIPLINE: Public censure of Michael Horton in exchange for conditional admission relating to parenting representation. . . since resigned from bar. [Read more…]
Tax deed, mandamus v. quiet title
TAX DEED: Mandamus properly denied where quiet title action suffices for claim that tax deed should have issued. . . Wilson affirmed. [Read more…]
Marital, maintenance modification, attorney husband
MARITAL: Absent maintenance modification details in settlement agreement, modification properly denied unemployed corporate attorney under §40-4-208 “unconscionable” framework. . . wife properly awarded attorney fees for enforcement of agreement. . . Langton affirmed. [Read more…]
Youth in need of care, hearing time limits
YOUTH IN NEED OF CARE: Due process not violated by limiting/allocating time in adjudicatory hearing involving alleged sex abuse by father and false allegations by Mother . . . sufficient evidence that child suffered psychological abuse by Mother’s likely Factitious Disorder. . . Pinski affirmed. [Read more…]
Deliberate homicide, psychological rebuttal
DELIBERATE HOMICIDE: Supervisory control of H. Brown granted allowing State to present psychological rebuttal to Defendant’s expert as to mitigating circumstances pursuant to case law and notwithstanding §45-5-103 (1997) amendments making mitigated deliberate homicide no longer affirmative defense. [Read more…]
PFMA/jurisdiction/venue
PFMA/JURISDICTION/VENUE: Court’s jurisdiction/venue jurisprudence brought into line with overlooked 1967 amendments to 46-3-111(2): defendant waives right to object to county in which a charge is filed if he fails to object before 1st witness is sworn, but prosecution must prove proper jurisdiction at trial. . . Defendant did not timely object to county in which City filed PFMA charges and therefore waived venue objection. . . City failed to present any evidence as to where one of 2 PFMAs occurred and thus did not prove jurisdiction. . . 1 PFMA conviction affirmed, 1 reversed. . . Menahan affirmed, reversed. [Read more…]
Claimant who instigated fight with co-worker
Claimant who instigated fight with co-worker not entitled to TTD after termination from job. . . Sandler. [Read more…]
Medical benefits time-barred
Medical benefits time-barred under 2-year statute at §29-05(2). . . Sandler. [Read more…]