SENTENCING: Fines, fees, surcharges, costs including $5,829 for defender properly imposed for felony DUI after “scrupulous & meticulous” examination of ability to pay… $15 surcharges for no insurance, driving on wrong side improperly included in judgment when not in pronouncement… 3 $10 technology fees improperly imposed when only 1 authorized per user… Haynes affirmed, reversed. [Read more…]
Archives for 2018
Restitution, DUI-damaged highway equipment
RESTITUTION for DUI-damaged highway equipment improperly imposed without affidavit or testimony regardless of MDT invoice and ledger entry being “business records”… Allison reversed. [Read more…]
Ineffective assistance, improper disclosure
INEFFECTIVE ASSISTANCE: Appointed lawyer’s violation of duties of loyalty & confidentiality by questioning Defendant’s entrapment defense with improper email disclosure did not affect outcome, thus no prejudice… suspended license/no insurance convictions affirmed… Wheelis affirmed. [Read more…]
DUI, malfunctioning trailer light
DUI: Sufficient particularized suspicion for DUI investigation after stop for malfunctioning trailer light… IAC claim more amenable to postconviction… Townsend affirmed (IOR I-3(c)). [Read more…]
SSD/SSI
SSD claim properly rejected… Catanese/Ostby affirmed (unpublished). [Read more…]
Settlements
Plan II
Britanna Glasgow, low back, 9/03, First Student, claim accepted, settled all class of benefits for $100,000 in 10/06, medical reserved, disputes as to claim-relatedness of current conditions, $46,649 ($5,949 to Petitioner and her attorney for seed money for Petitioner to establish, maintain, and administer an MSA, $30,700 to Pacific Life & Annuity Services to fund remaining balance of MSA, $10,000 to Petitioner and her attorney) for all claims, stipulated judgment; Russell Plath for Glasgow, Steven Jennings for American Home Assurance [Read more…]
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