INJUNCTION: Permanent injunction in cattle breeding dispute improperly issued before trial. . . remanded for findings & conclusions on request for preliminary injunction. . . Larson reversed (IOR I-3(c)). [Read more…]
Archives for 2018
Mental commitment, least restrictive
MENTAL COMMITMENT: Person properly committed to MSH rather than lesser restrictive placement. . . including chemical/substance abuse as mental disorder harmless error in light of bipolar finding. . . involuntary medication properly authorized. . . assessment for developmental/cognitive delays improperly required. . . Haynes affirmed, reversed (IOR I-3(c)). [Read more…]
Attorney discipline, notary violations
ATTORNEY DISCIPLINE: Jeffrey Mora to be disciplined in writing for notary violations. . . COP. [Read more…]
Marital, property, inmate husband
MARITAL: Property division between MSP inmate and wife equitable if not equal based on sparse record. . . Krueger affirmed (IOR I-3(c)). [Read more…]
Marital/procedure, $100,000 plus fees support judgments
MARITAL/PROCEDURE: Motion to set aside $100,000 child support and attorney fees judgments untimely granted after Rule 60(c)(1) deemed-denied date. . . Halligan reversed (IOR I-3(c)). [Read more…]
Marital, contempt, failure to clear wife’s titles
MARITAL: Husband properly held in contempt for failing to refinance loans and clear wife’s titles. . . Murnion affirmed (IOR I-3(c)). [Read more…]
$625,000 settlement, water easement trespass
SETTLEMENT: $400,000 from subdividers to water district and $225,000 to lot owners on appeal of $666,533.11 water easement trespass/nuisance judgment. [Read more…]
Initial appearance, “unnecessary delay”
INITIAL APPEARANCE 24 days after arrest constituted “unnecessary delay,” holidays and homicide not justification. . . criminal forfeiture conviction dismissed without prejudice. . . Hayworth reversed (IOR I-3(c)). [Read more…]
Sentencing, state revocation vis-à-vis federal sentence
SENTENCING: Revocation sentence failed to consider federal sentence. . . Pinski reversed. [Read more…]
DUI, tail lights, jury waiver, lab analyst testimony
DUI: Particularized suspicion to stop vehicle with unlit tail lights and erratic driving. . . jury waived by failure to appear at confirmation hearing. . . lab analyst properly disclosed, allowed to testify by video. . . conviction affirmed. . . Cantin/Gilbert affirmed (IOR I-3(c)). [Read more…]
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