PFMA: Claim of ineffective assistance for not objecting to Defendant’s probation status not appropriate for direct appeal… not established on appeal that police interview recordings (purported testimonial material) actually went into the jury room… Menahan affirmed. [Read more…]
Archives for February 2020
Rape, cell phone records, victim’s ER statements
RAPE: Cell phone records, victim’s ER statements… conviction affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Sarah Perry, left shoulder, 4/18, Florence Carlton School, MSGIA denied liability, dispute as to acceptance, Petitioner previously filed 27 claims from 1990 (14 accepted, 5 §615, 8 denied), $40,000 for all claims, stipulated judgment; Kim Schulke for Perry, Morgan Weber for MSGIA [Read more…]
$25,000, teacher’s mental distress, interactive process
MENTAL DISABILITY: $25,000 for mental distress from school district’s failure to timely engage in interactive process to manage & accommodate anxiety and PTSD relating to high school teacher’s child being sexually molested by a student… Administrative Decision, Chad Vanisko. [Read more…]
Prescriptive easement, notice, school road encroachment
PRESCRIPTIVE EASEMENT: Encroachment of school access road was obvious even if survey provided first actual notice, satisfying open/notorious element… Wald affirmed. [Read more…]
Attorney withdrawal, opposing counsel notice
ATTORNEY WITHDRAWAL: No error in proceeding with divorce trial without requiring husband’s lawyer to provide §37-61-405/Rule 10 notice where wife’s conduct required her attorney’s withdrawal… Harris affirmed (IOR I-3(c)). [Read more…]
PFO, 2015 statute plain reading v. prior Opinions
PFO: 2015 statute correctly applied at 2017 sentencing, but Defendant sentenced simultaneously for 4th and 5th DUIs improperly designated PFO under plain reading of statute requiring felony conviction before commission of the principal offense, prior Opinions to the contrary overruled… Todd affirmed, “reversed.” [Read more…]
Hunting, crossing private land to access public land
HUNTING: Crossing private land to access public land constituted “hunting”… conviction of hunting without landowner permission affirmed… Cantin/Gilbert affirmed. [Read more…]
DUI, white license plate light v. red taillights
DUI: Requirement of white plate light not satisfied by illumination from red taillights… absence of white plate light sufficient for stop… Mantooth/Oldenburg affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Shari Dillon, right shoulder, 8/18, Albertsons accepted claim, paid all benefits owed, Petitioner at MMI in 8/19, assessed 2% Class I impairment, cannot return to TOI position, dispute as to PPD with 20% wage loss, $32,000 for all claims, stipulated judgment; Megan Miller for Dillon, Adrianna Potts for Albertsons [Read more…]