UCC: Defaulting mobile home purchaser not precluded by Full Release of Contract from pursuing surplus purportedly realized upon resale… Souza reversed. [Read more…]
Archives for February 2019
Mental commitment, presence at pre-commitment hearing
MENTAL COMMITMENT: Issue of right to be present at pre-commitment hearing moot since no reasonable expectation that person could again be subjected to detention at MSH pending trial following a proceeding at which she is absent (unlike appeals from actual commitments following release from MSH)… McElyea affirmed (IOR I-3(c)). [Read more…]
Order of protection, concurrent criminal proceeding
ORDER OF PROTECTION: TOP improperly denied alleged victims of stalking despite concurrent criminal proceeding… Menahan reversed (IOR I-3(c)). [Read more…]
Marijuana paraphernalia, MMA exception
MARIJUANA PARAPHERNALIA: Defendant had burden of proving that she fit under exception of MMA by having registry card and being in compliance with MMA… she failed to do so, and Judges properly found that pipes in purse contained marijuana residue… convictions affirmed… Jenks/Larson affirmed. [Read more…]
Repeat PFO
REPEAT PFO sentence properly imposed… Souza affirmed. [Read more…]
DUI, prior DUI enhancement
DUI: Challenge to prior DUI as infirm properly rejected… H. Brown affirmed (IOR I-3(c)). [Read more…]
Drugs, search of out-of-gas pickup driven by Mexican
DRUGS: Probable cause to search out-of-gas pickup driven by Mexican who had been in US since 7 months old but had no ID, no basis for profiling claim… suppression of drugs found in pickup properly denied… Swingley/McMahon affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, justifiable force, “forcible felony”
ASSAULT WITH WEAPON: Jury properly instructed on justifiable force without including “forcible felony”… conviction affirmed… Salvagni affirmed (IOR I-3(c)). [Read more…]
Arbitration, nonsignatories to agreement
ARBITRATION: Nonsignatories to agreement not bound to arbitrate FLSA claims under equitable principles… Cavan affirmed (memorandum). [Read more…]
Environment, preliminary injunction jurisdiction
ENVIRONMENT: Preliminary injunction properly dismissed for lack of jurisdiction… Christensen affirmed (memorandum). [Read more…]
- 1
- 2
- 3
- …
- 5
- Next Page »