MARITAL: Challenge to original decree waived by mediated settlement on appeal… attempt to relitigate protective order precluded by previous appeal… Gilbert affirmed (IOR I-3(c)). [Read more…]
Archives for 2019
Appellate procedure, user-unfriendly brief appendix
APPELLATE PROCEDURE: Appendix to brief ordered revised to satisfy MRAP and be user friendly… order. [Read more…]
Endangerment, purchasing half-gallon whiskey for teen
ENDANGERMENT: Judgment of acquittal properly denied because jury could have concluded that Defendant knew there was substantial risk in purchasing half-gallon of whiskey for 18-year-old who chugged it and was hospitalized and air-flighted with .584 BAC, but admission of 2002 endangerment conviction for purchasing alcohol for 15-year-olds resulting in death of one and serious injury to other insufficiently probative and overly prejudicial… conviction reversed, remanded for new trial… Dayton affirmed/reversed. [Read more…]
Embezzlement, softball team president checks to self
EMBEZZLEMENT: Conviction of softball team president for writing checks to himself upheld over challenge of limited cross of VP intended to show motive for allegations, unanimity instruction as to 12 checks, 328 days to trial… Best affirmed (IOR I-3(c)). [Read more…]
Revocation, jail violations while “on supervision”
REVOCATION: Defendant who was released from MSP to begin serving time on deferred sentence for criminal mischief and suspended part of intimidation sentence was on supervision when he committed non-compliance violations in jail in violation of terms of supervision, sentences properly revoked… Souza affirmed (IOR I-3(c)). [Read more…]
Prosecution abatement, deceased pollution Defendant
PROSECUTION ABATEMENT: $1,550 in assessments/restitution paid into Court by pollutant discharge Defendant payable to reimburse CJA for appointed counsel despite abatement of case following death, not refundable to Estate… 1st impression… Molloy. [Read more…]
Settlements
Plan I
Danny Boykin, left shoulder, 12/13, Petitioner has filed a petition asserting a dispute as to her entitlement to a lump sum conversion of her PTD, $195,000 to settle all indemnity, medical is reserved, stipulated judgment; Alex Evans for Boykin, Morgan Weber for MSGIA [Read more…]
Probate/judicial disqualification, “suggested” bias
PROBATE/JUDICIAL DISQUALIFICATION: Ruling on Petition for Order to Recover Assets properly made based on pleadings & documentation without a hearing… unfounded “suggestions” of bias by Judge properly found frivolous warranting monetary sanctions against Co-PR and his attorney and removal of Co-PR… fees/costs also awarded for frivolous appeal which perpetuated baseless allegations against Judge… Pinski affirmed. [Read more…]
Incest, jury room video of 10-year-old’s interview
INCEST: Jury inappropriately allowed to watch in jury room unspecified parts of interview of 10-year-old without isolating the specific area giving difficulty… conviction reversed, remanded… Berger reversed. [Read more…]
Auto dealership sale, manufacturer right of first refusal
AUTO DEALERSHIP SALE: Sellers’ proposed schedules of terms drafted for right of first refusal manufacturer and assignee and substantially greater than for initial proposed buyer not enforceable… motion to declare schedules unenforceable as sanction for destroying hard-drive from computer utilized to draft schedules rendered moot… Special Master Blair Jones. [Read more…]
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