DUI: Welfare check of possibly disabled vehicle proper, properly ripened into DUI investigation… Townsend affirmed. [Read more…]
Archives for April 2019
Jail bond election challenge
JAIL BOND ELECTION: No subject jurisdiction over citizen challenge after claims were rejected by COPP and City Ethics board… Gilbert. [Read more…]
$2 million verdict, trailer park vehicle crush death
VERDICT: $2 million gross (80%/15% fault by Defendants, 5% by Plaintiff), wrongful death/survivorship, child crushed by speeding driver in trailer park. [Read more…]
Settlements
Plan I
Bonnie Michau, lumbar, 4/18, disputed, $50,000, medical reserved, stipulated judgment; Lucas Wallace for Michau, William Blackaby for MACoWCT [Read more…]
Garbage collection, competition, convenience/necessity
GARBAGE COLLECTION: PSC properly considered competition in determining public convenience & necessity, in contrast to prior practice of not considering competition until after finding public need… substantial evidence supported granting certificate… Krueger affirmed. [Read more…]
Parental termination, adopted Ukrainian children
PARENTAL TERMINATION: Rights to adopted Ukrainian children properly terminated… Father’s 5th Amendment right against self-incrimination not violated by being required to admit that he physically abused the children in order to complete treatment plan… Menahan affirmed (IOR I-3(c)). [Read more…]
PFMA, “our children” = partner or familial relationship
PFMA: Un-Mirandized but voluntary statements regarding “our children” sufficient to establish partner or familial relationship with uncooperative alleged victim… Pinski affirmed (IOR I-3(c)). [Read more…]
Postconviction, time-bar under out-of-time appeal
POSTCONVICTION petition time-barred under either out-of-time or regular appeal times… claims of timely unreceived petition and newly discovered evidence rejected… Gustafson affirmed. [Read more…]
DUI, license reinstatement vis-à-vis criminal DUI
DUI: Civil license reinstatement finding of “no reasonable grounds” to believe Defendant was DUI does not collaterally estop criminal DUI proceeding based on “particularized suspicion”… Swingley/Reynolds affirmed (IOR I-3(c)). [Read more…]
DUI, observance of improper right turn, expert
DUI: Officer’s claim of seeing improper right turn properly accepted over forensic engineer’s testimony… Seel/J. Brown affirmed (IOR I-3(c)). [Read more…]