Archives for 2019

Storm sewer discharge, general municipal permit

April 13, 2019 By lilly

STORM SEWER DISCHARGE: General municipal permit properly issued… R. McElyea affirmed. [Read more…]

Marital, prisoner’s POA settlement agreement

April 13, 2019 By lilly

MARITAL: Set-aside of settlement agreement entered into by incarcerated husband’s POA properly denied… Manley affirmed (IOR I-3(c)). [Read more…]

DUI, welfare check of possibly disabled vehicle

April 13, 2019 By lilly

DUI: Welfare check of possibly disabled vehicle proper, properly ripened into DUI investigation… Townsend affirmed. [Read more…]

Jail bond election challenge

April 13, 2019 By lilly

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

April 13, 2019 By lilly

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

April 13, 2019 By lilly

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

April 6, 2019 By lilly

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

April 6, 2019 By lilly

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

April 6, 2019 By lilly

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

April 6, 2019 By lilly

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…]