WATER: Stockwater claims in reservoirs forfeited for failure to file with DNRC. . . BLM wildlife claims valid. . . Ritter affirmed. [Read more…]
Archives for 2018
Attorney discipline, AUSA’s failure to disclose
ATTORNEY DISCIPLINE: Retired AUSA James Seykora subjected to public admonition by COP to be delivered in writing for improper handling of Brady and Giglio issues in relation to reduced sentencing of drug defendant in exchange for cooperation against co-defendant. [Read more…]
Marital, settlement agreement non-modification clause
MARITAL: Decrees with settlement agreements with non-modification clauses may be modified if they are unconscionable (harmonizing conflicting statutes). . . agreement properly found unconscionable and modified to terminate $10,000/mo maintenance to wife. . . wife’s fees properly limited to contempt proceeding (75% of requested $35,937.50) as husband prevailed on some issues. . . Gustafson affirmed. [Read more…]
Parenting plan, substantial evidence despite fact errors
PARENTING PLAN supported by substantial evidence despite some erroneous findings. . . Dayton affirmed. [Read more…]
Custody, father’s right to parent v. grandmother
CUSTODY: Father’s right to parent violated by placing son with maternal grandmother and denying Father placement after completing treatment plan. . . Manley reversed. [Read more…]
Deliberate homicide, partial skull of missing father
DELIBERATE HOMICIDE conviction of son whose missing father’s only part found was partial skull affirmed over claims of violation of right of presence at unrecorded conferences and error in allowing officers to testify multiple times on direct. . . Krueger affirmed. [Read more…]
Trespass/mischief, property purchased from ex-wife
TRESPASS/MISCHIEF: Claim of right to enter property purchased in good faith from ex-wife and possessed by buyers not a defense in criminal case. . . Hummel/Allison affirmed (IOR I-3(c)). [Read more…]
$123,739.03 verdict, commercial property sale/lease
VERDICT: $123,739.03 plus attorney fees, breach of contract/negligence, sale/lease of and failure to remove materials from commercial property. [Read more…]
SSD/SSI, schizoaffective disorder
SSD/SSI properly denied for schizoaffective disorder. . . Lynch affirmed (memorandum). [Read more…]
Child pornography, restitution to victim’s mother
CHILD PORNOGRAPHY: Restitution to victim’s mother requires apportionment as to exacerbation of preexisting condition. . . finding of no indigence for JVTA assessment affirmed. . . Lovell reversed, affirmed (memorandum). [Read more…]
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