CONSERVATION EASEMENTS: Land Board approval not required for FWP acquisition of more than 100 acres/$100,000… AG Opinion overruled… opinion following expedited order. [Read more…]
Archives for 2019
Animal cruelty, warrantless administrative inspections
ANIMAL CRUELTY: Administrative inspections of commercial kennel met the warrant exception… objection to State’s peremptory strike of Hispanic panelist properly overruled but for wrong reason (that Defendant was not Spanish)… $67,432.42 restitution properly awarded to County for costs of seizing animals… Cuffe affirmed. [Read more…]
Copyright, political photo
COPYRIGHT: Photo of Democrat Congressional Candidate shot by hired photographer at Party event and downloaded from Facebook by Republicans for use in mailer supporting Congressman’s reelection campaign was “fair use, not copyright infringement… Christensen. [Read more…]
Settlements
Plan I
Katherine Bernard, various injuries, 13 claims 1/08-8/17, St. Vincent Healthcare, insurer paid all benefits due & [Read more…]
UCC, mobile home default, resale surplus
UCC: Defaulting mobile home purchaser not precluded by Full Release of Contract from pursuing surplus purportedly realized upon resale… Souza reversed. [Read more…]
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…]
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