TAXES: Religious schools tax credit violates Art. X §6. . . DOR exceeded rulemaking authority in attempting to cure constitutional deficiency. . . Ulbricht reversed. [Read more…]
Archives for December 2018
Asbestos Court, 6 additional judges
ASBESTOS COURT: 6 additional judges appointed . . . order. [Read more…]
FWP conservation easements, Land Board approval
FWP CONSERVATION EASEMENTS: AG Opinion precluding FWP from finalizing easements without Land Board approval overruled. . . full opinion to follow. . . order. [Read more…]
Marital, business division after post-decree mega sale
MARITAL: Reconsideration of business division required after sale for 10 times the Court’s valuation less than month after decree finalized. . . Rule 60 motion improperly deemed denied. . . J. Brown reversed. [Read more…]
Marital, appeal timeliness, “profoundly” delayed decree
MARITAL: Notice of appeal timely filed within 30 days of denial of motion requesting additional findings regarding the parties’ finances in order to amend the final judgment. . . “profoundly” delayed Standing Master decree as to support, maintenance, attorney fees properly upheld. . . motion to reopen to admit further financial evidence properly denied. . . Bowen/McElyea affirmed (IOR I-3(c)). [Read more…]
Plea bargain, Judge involvement in offer
PLEA BARGAIN: Ineffective assistance not established by failure to object to Judge McCarter urging Defendant in 2009 to accept plea offer, which Defendant now contends impermissibly coerced him into accepting offer and pleading nolo to assault with weapon and felony burglary when he really wanted to go to trial on attempted deliberate homicide and aggravated burglary. . . postconviction petition properly denied. . . Reynolds affirmed (IOR I-3(c)). [Read more…]
Failure to yield at roundabout, car/motorcycle
FAILURE TO YIELD: Defendant in roundabout car-motorcycle collision waived appeal of conviction by failing to raise same issues as argued below, but sufficient evidence in any event. . . Moses affirmed (IOR I-3(c)). [Read more…]
Appeal from Municipal Court, serial extension motions
APPEAL FROM MUNICIPAL COURT properly dismissed after series of last-minute requests to extend brief deadline. . . Moses affirmed (IOR I-3(c)). [Read more…]
Defense verdict, campground business claims
VERDICT: Defense, campground business claims following breakup of 40-year romantic relationship. [Read more…]
SSD, medical marijuana patient
SSD: Medical marijuana patient’s claim properly denied. . . Lynch affirmed (memorandum). [Read more…]