CITIZEN’S ARREST: Motorist who blocked pursued motorcycle entitled to assert citizen’s arrest statute as defense to negligent endangerment and reckless driving… Wood/ Seeley reversed. [Read more…]
Archives for 2019
Rape, “dog-whistle” racism, black Defendant
RAPE/KIDNAP: Claim of “dog-whistle racism” in prosecution of black Amtrak attendant for attack of “southern ladies” not established for plain error review… trial counsel not ineffective… costs improperly imposed… Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
Plea withdrawal, actual innocence time exception
PLEA WITHDRAWAL: Actual innocence exception to 1-year statute for withdrawing plea not met by privacy/stalking Defendant… Kolar/Souza affirmed (IOR I-3(c)). [Read more…]
Marital, common law female/female dissolution
MARITAL: Common law marriage found between 2 women from 1999 when their 1st child was conceived with donated sperm… biological mother awarded child support, maintenance, $100,000 plus $110,000 attorney fees… Halligan. [Read more…]
Child pornography, “framed” Defendant
CHILD PORNOGRAPHY: Sufficient evidence to convict over claim that Defendant was framed by ex-wife’s boyfriend… Watters affirmed (memorandum). [Read more…]
Prisoners, recorded jail phone call
PRISONERS: Civil damages and criminal punishment only remedies available for warrantless recording of jail phone calls, not exclusion of evidence obtained… Lovell affirmed (unpublished). [Read more…]
Insurance, indemnification, T-panel roof system failure
INSURANCE: Fact issues preclude summary judgment that CGL insurer has no duty to indemnify contractor for $441,770.83 judgment for damages to condos from failure of T-panel systems intended to melt roof snow & ice… Christensen. [Read more…]
Settlements
Plan I
David Massie, lower leg, 2/16, $5,000, Leslae Dalpiaz
No lawyer: William Lanier, foot, 18, disp, $1,500 [Read more…]
Real estate, alleged ranch bid rigging
REAL ESTATE: Alleged bid and earnest money deposit irregularities properly rejected on summary judgment as basis for overturning sale of $2.1 million ranch for $495,000… Rule 56(f) “fishing expedition” into auctioneer “bid-rigging” properly denied… Dayton affirmed. [Read more…]
Attorney discipline, guardianship misconduct
ATTORNEY DISCIPLINE: Tina Morin suspended for guardianship misconduct… order. [Read more…]
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