CHILD KIDNAP/RAPE: Sufficient evidence properly found to convict abductor of 4-year-old. . . Morris affirmed (memorandum). [Read more…]
Archives for 2018
Settlements
Plan I
Annette Nevidomsky, wrist, 3/18, disputed, $1,700, Garry Seaman
No lawyer: Steven Krogstad, ear(s), 18, disp, $3,500 [Read more…]
Employment retaliation, $399,726.71
EMPLOYMENT RETALIATION for filing (unsuccessful) sex discrimination complaint, $399,726.71 (3 years back pay, 4 years front pay, emotional distress) plus attorney fees for acrimonious ending of 17-year career as operator with silicon materials producer. . . Caroline Holien. [Read more…]
Oil pipeline taxes, gathering systems
OIL PIPELINE TAXES: Gathering systems properly classified as class 8. . . DOR reversed, Menahan affirmed. [Read more…]
Rape, 1987 child rape, 2014 DNA, ex post facto
RAPE: 2007 statute of limitations amendment is retrospective to 1987 child rape, but prosecution based on 2014 DNA match-up violative of ex post facto under Stogner. . . Knisely reversed on supervisory control. [Read more…]
Theft by deception, fraudulent housing assistance
THEFT BY DECEPTION: Parties improperly stipulated that stipulation to mistrial would not waive right to move for dismissal based on speedy trial violation, but speedy trial right nevertheless not violated. . . jury properly instructed as to “residence,” Defendant properly convicted of fraudulently accepting housing assistance for apartments she lived in only part-time and letting sister & brother live in them. . . Manley affirmed (IOR I-3(c)). [Read more…]
Sentencing, extra year for alcohol treatment
SENTENCING: 1 year properly added to plea agreement to allow additional time for alcohol treatment because of delay caused by continuances requested by Defendant. . . remanded for consideration of ability to pay defender fees. . . technology fee improperly imposed per count. . . Larson affirmed, reversed. [Read more…]
Sentencing, PFO, disputed prior felonies
SENTENCING: Drug sentence not PFO-enhanced by disputed number of prior felonies. . . jury costs improperly imposed on Defendant unable to pay. . . Eddy affirmed, reversed (IOR I-3(c)). [Read more…]
$20,000 verdict, mistaken inspections, foreclosure notices
VERDICT: $20,000 for mistaken property inspections and wrongful posting of vacancy and foreclosure notices. . . no intentional trespass, no invasion of privacy. [Read more…]
Insurance bad faith, attorney-client v. advice of counsel
INSURANCE BAD FAITH: Insurers given deadline to affirm whether they intend to irrevocably assert attorney-client privilege v. advice-of-counsel defense. . . Johnston. [Read more…]
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