HARBORING FUGITIVE: Challenge to warrantless searches of home where fugitive was found in crawlspace improperly rejected, consent not shown in light of threat to kick door in with drawn weapons and failure to inform Defendant that she could refuse consent… evidence obtained during both searches suppressed under exclusionary rule… new ruling on rehearing of prior affirmance… Morris reversed (memorandum). [Read more…]
Archives for February 2019
Sex offender registration, expired sentence
SEX OFFENDER REGISTRATION: Child porn Defendant who completed federal sentence after obtaining reduction for “clean record” no longer required to register under federal law, but termination of State registration requires separate petition… Molloy. [Read more…]
Settlements
Plan I
Mandi Andersch, low back, 11/13, $75,000, medical closed, Tom Murphy [Read more…]
Disability discrimination, surgery schedule dishonesty
DISABILITY DISCRIMINATION: Clinic justified in firing RN for lying about disseminating confidential surgery schedule which she had taken to bolster claim of being overworked as retaliation for a previous HR complaint, regardless of whether prior discipline and investigative interactions or removal of the schedule were protected activities… no abuse of discretion in not compelling discovery of 600 emails even if not privileged… $9,370.59 costs properly awarded over Plaintiff’s argument that it could dissuade others from meritorious HR suits… Spear/HRC/Jones affirmed. [Read more…]
Jury, alternate seated out of order
JURY: Seating alternate out of order was harmless error, new PFMA trial properly denied… Knisely affirmed. [Read more…]
Counsel substitution, indigent, aggravated assault
COUNSEL SUBSTITUTION properly denied for indigent whose complaints were not seemingly substantial to justify a hearing… aggravated assault conviction affirmed… Todd affirmed. [Read more…]
Drugs, hiding in bushes across from courthouse at 6 a.m.
DRUGS: Person hiding in bushes and bobbing up & down across from courthouse at 6 a.m. as deputy was preparing to make prisoner transfer provided particularized suspicion for Terry investigation… handcuffing for safety during investigation did not constitute arrest, but probable cause existed for arrest when person volunteered that he had meth… suppression properly denied… Cuffe affirmed. [Read more…]
Drugs, passenger in vehicle, “mere presence”
DRUGS: Passenger in drug vehicle properly retried on amended charge of meth possession following hung jury on possession with intent to distribute, not necessary to analyze double jeopardy… “mere presence” instruction properly rejected… officers’ testimony as to conflicting statements of others in vehicle as to relationship of person they visited in Washington not hearsay… conviction affirmed… J. Brown affirmed. [Read more…]
FRSA, “honestly held belief” of safety rules violation
FRSA: Jury improperly instructed that RR cannot be liable for termination of laborer if it was based on “honestly held belief” that he violated safety rules by fouling track and was nearly hit by train… defense verdict reversed, remanded for new trial… Molloy reversed. [Read more…]
Health insurance, “Chamber Choices,” ERISA, state law
HEALTH INSURANCE: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses properly rejected as not subject to ERISA… state law claims improperly dismissed without opportunity to amend to state fraud allegations with greater particularity or file in State Court… Christensen affirmed, reversed. [Read more…]