MENTAL COMMITMENT: Plain error review of failure to provide advisory of rights declined as to person who interrupted Judge’s attempts to advise and no risk of substantial prejudice. . . J. Brown affirmed. [Read more…]
Archives for 2018
Marital, unconscionable settlement agreement
MARITAL: Opinion affirming Gustafson’s finding settlement agreement unconscionable and modifying it to terminate $10,000/mo to wife replaced with Opinion with same conclusion on petition for rehearing asserting that payment was property division, not maintenance. . . order. [Read more…]
Speeding, 1 v. 2 or 3 witnesses
SPEEDING: Patrolman’s testimony of visual observation and radar reading sufficient particularized suspicion and corroboration. . . Defendant’s contention that 2 witnesses required properly rejected. . . but retrial required by Prosecutor’s comment that Defendant had been convicted in Justice Court. . . Deschamps affirmed, reversed. [Read more…]
Police rape 1, statute of limitations
POLICE RAPE 1: Claims against City and County for drug officer’s alleged rape of CI barred by statute of limitations, lack of vicarious liability. . . Menahan. [Read more…]
Police rape 2, statute of limitations
POLICE RAPE 2: Claims against City and County for drug officer’s alleged rape of CI barred by statute of limitations, lack of vicarious liability. . . Menahan. [Read more…]
Discovery, default on liability, RR discovery abuse
DISCOVERY: Default on liability & causation granted against RR in bad faith case for discovery abuses, with trial to proceed on damages including punitives. . . Bidegaray. [Read more…]
$3,325,000 verdict, trespass across mining claims
VERDICT: $3,325,000 for trespass to owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine. [Read more…]
Fraudulent disability benefits
FRAUD: Postal worker’s conviction of fraudulent disability benefits affirmed. . . Morris affirmed (memorandum). [Read more…]
Revocation, notice of alleged violations
REVOCATION: Defendant received insufficient notice of alleged violations. . . remanded for new petition and hearing. . . Molloy reversed (memorandum). [Read more…]
Sentencing, meth, remanded calculation
SENTENCING: Large quantity of meth attributable to co-conspirators properly considered on remand in recalculating Guidelines range based on less than 50 grams of meth attributable to Defendant. . . Haddon affirmed (memorandum). [Read more…]
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