SUBPOENAS DUCES TECUM: Supervisory control of Ulbricht denied as to denial of subpoenas for records pertaining to victim in justifiable force homicide case, statewide inconsistent construction/application of §§ 46-15-101 & 106 (subpoenas issued by judge v. clerk of court) more appropriate on appellate review. . . order. [Read more…]
Archives for 2018
Revocation, respond in person before Judge
REVOCATION: Defendant improperly sentenced based on PO’s confidential recommendation of 20 months as opposed to Magistrate’s recommended 5 months and without opportunity to respond in person before Judge . . . Lovell reversed. [Read more…]
Anonymous 911 tip, drugs/firearm
ANONYMOUS 911 TIP which provided some uncorroborated historical information about alleged drug dealer who had previously been involved in a bar shooting, easily observable facts & conditions of the person at a bar, and zero predictive information insufficient for stop and search. . . money, drugs, firearm found in search of car suppressed as fruit of illegal search. . . Watters. [Read more…]
Settlements
Plan I
Timothy Dietz, multiple, 1/10, $415,000 ($114,864 MSA) for all claims ($47,129 to Midivest for MSA seed, $318,557 to Dietz and Carey Law Firm), stipulated judgment; Steven Carey for Dietz, Kelly Wills for MCCF, Steven Jennings for Ace American Ins. [Read more…]
Eminent domain, litigation expenses, sold interest
EMINENT DOMAIN: Litigation fees incurred after sale of interest in condemned city water system improperly awarded. . . Townsend reversed. [Read more…]
Legal ethics, suicide v. murder defense attorney
LEGAL ETHICS claims against defense attorney in father’s suit alleging that son’s death was by murder rather than suicide properly rejected as time-barred despite “new evidence”. . . J. Brown affirmed (IOR I-3(c)). [Read more…]
Wrongful discharge/whistleblower, probationary PO
WRONGFUL DISCHARGE/WHISTLEBLOWER claims by probationary PO properly rejected on summary judgment. . . Eddy affirmed (IOR I-3(c)). [Read more…]
Attorney discipline, $26,633.75 disbarment costs
ATTORNEY DISCIPLINE: $26,633.75 costs of disbarment of Genet McCann ordered following hearing on objections including $14,038.70 unpaid hearing expenses occasioned by egregious & contentious conduct & statements and over plea of indigency. [Read more…]
$34,960,000 verdict, church failure to report sex abuse
VERDICT: $34,960,000 net for one Plaintiff, Defense verdict as to one, church failure to report child sex abuse. [Read more…]
Settlements
Plan I
Joni Arneson, soft-tissue neck, 4/17, $90,000, Lucas Wallace
Rachael Kimberling, foot, 10/16, $12,500, Lucas Wallace [Read more…]
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