ELECTIONS: Order by Harris enjoining election-day receipt deadline for mail ballots stayed pending consideration of appeal on the merits… order. [Read more…]
Archives for May 2020
Property, trespass, possession, contract, fraud
PROPERTY: Summary judgment properly granted on claims of trespass and possession, properly denied on counterclaims of breach of contract and fraud involving alleged oral promise to return quitclaimed property… Berger affirmed (IOR I-3(c)). [Read more…]
Mental commitment, involuntary medication
MENTAL COMMITMENT: Involuntary medication properly authorized despite “cherry-picked” comment of empathy that it probably would not be necessary… Gilbert affirmed (IOR I-3(c)). [Read more…]
Order of protection, store cashier against customer
ORDER OF PROTECTION properly entered for store cashier against customer… Walker/Harris affirmed (IOR I-3(c)). [Read more…]
Theft, computer’s felony valuation
THEFT: Insufficient evidence that computer’s market value exceeded $1,500… felony conviction reversed, remanded for entry of misdemeanor judgment… Cuffe reversed (IOR I-3(c)). [Read more…]
Incest, stepdaughters, maintenance of innocence
INCEST and solicitation of incest with stepdaughters convictions affirmed… sentence affirmed over alleged augmentation for maintenance of innocence… Harris affirmed. [Read more…]
Sexual assault of child, 6-6 jury dynamite instruction
SEXUAL ASSAULT OF CHILD conviction affirmed over challenges to territorial jurisdiction, prosecutorial conduct, 6-6 jury dynamite instruction… McMahon affirmed (IOR I-3(c)). [Read more…]
Mitigated deliberate homicide, unintended victim
MITIGATED DELIBERATE HOMICIDE: Striking wrong person in head with hammer not basis for negligent homicide conviction, no actual innocence to excuse untimeliness of plea withdrawal motion… Christopher affirmed (IOR I-3(c)). [Read more…]
Discovery sanctions, sewer system challenge abuse
DISCOVERY: Suit to halt sewer system dismissed (without prejudice) as sanction for prejudicial dilatory discovery abuse… any re-filing will be subject to a surety bond… Halligan. [Read more…]
Idiopathic fall, no memory by Petitioner
Summary judgment for insurer precluded by fact issue as to whether Petitioner with no memory suffered idiopathic fall onto level surface… Sandler. [Read more…]
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