THEFT: Good faith claim of right for caretaker to remove property to leverage payment of purported contract debt properly submitted to jury, which had sufficient evidence to convict of theft. . . attorney legal opinion improperly allowed but harmless error. . . Oldenburg affirmed. [Read more…]
Archives for 2018
Sentencing, murder, “innocent” v. show body/remorse
SENTENCING: Defendant convicted of killing ex-girlfriend who maintains innocence not improperly sentenced to life plus 10 for failure to disclose body or show remorse. . . Best affirmed (IOR I-3(c)). [Read more…]
Interim TTD, job restrictions inconsistencies/ambiguities
Claimant with TBI from semi rollover made prima facie case for interim TTD where doctor had insufficient knowledge of approved light driving jobs as to whether Claimant could perform them and his restrictions were vague. . . insurer failed to convince that Claimant does not want to work. . . DLI award of interim benefits affirmed. . . Sandler. [Read more…]
Settlements
Plan I
Steven Bratcher, shoulder(s), 12/17, $54,152, medical reserved, Tommy Murphy [Read more…]
Work comp, psychiatric IME, no stay on appeal
WORK COMP: Stay pending appeal denied as to Sandler’s ruling that insurer did not have good cause for psychiatric IME in relation to claimed anxiety related to leg injury because it had not first authorized seeing a treating psychologist or psychiatrist. . . order. [Read more…]
Electric utilities, PPA pricing options
ELECTRIC UTILITIES: ICE properly found as reasonable market substitute to DOW for pricing options under PPA. . . McMahon affirmed. [Read more…]
Appellate procedure, marital contempt
APPELLATE PROCEDURE: Pinski’s contempt order which did not alter terms of marital decree or settlement through ancillary order not appealable. . . appeal fees/costs granted. . . order. [Read more…]
Deliberate homicide, MSP v. DPHHS, Fetal Alcohol
DELIBERATE HOMICIDE: Defendant properly sentenced to MSP rather than DPHHS for beating death of 2-year-old over claim of inability to conform to law due to Fetal Alcohol Spectrum Disorder. . . Menahan affirmed. [Read more…]
Escape, security officer near Defendant at trial
ESCAPE: Placing security officer near Defendant at trial without analysis was error but not prejudicial . . . ineffective assistance claims for failing to object to statements by the Prosecutor or request instructions relating to investigative detention v. arrest more amenable to post conviction. . . violent offender registration improperly imposed on escape Defendant. . . treatment recommendations in pronouncement should be included in judgment. . . Larson affirmed, reversed (IOR I-3(c)). [Read more…]
Plea withdrawal, child sex assault
PLEA WITHDRAWAL by child sex assault Defendant properly denied for failure to present material facts supporting claims of influence of marijuana, persuasion of attorney, breakdown of attorney relationship. . . Jones affirmed (IOR I-3(c)). [Read more…]
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