MARITAL: Pre-judgment and post-judgment interest determinations affirmed and reversed… $3,612 attorney fees properly assessed against husband personally for attempting to relitigate an issue… Allison affirmed, reversed (IOR I-3(c)). [Read more…]
Archives for May 2020
Drugs, prior DUIs, prosecutorial misconduct
DRUGS: Probative value of prior DUIs introduced to show that Defendant lied to trooper and lacked credibility substantially outweighed by risk of unfair prejudice… conviction reversed, remanded for new trial… no need for plain error review of vouching of co-Defendant/State’s witness… Hayworth reversed. [Read more…]
Armed robbery, in-court eyewitness identification
ARMED ROBBERY conviction and sentence upheld over challenges to trial delay, in-court eyewitness identification and ID instructions, use of MSH evaluation at sentencing, Prosecutors allegedly listening to privileged phone calls… Allison affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, first aggressor “musings”
ASSAULT WITH WEAPON: Prosecutor’s “musings” about first aggressor instruction was not misconduct in overall context of closing, nothing to which attorney needed to object… McMahon affirmed (IOR I-3(c)). [Read more…]
Postconviction, bad PFO advice, “amended” petition
POSTCONVICTION: Assault with weapon Defendant’s ineffective assistance claim against trial counsel for giving bad PFO advice negated by rejection of State’s re-offer of original plea deal… claim against prior appellate counsel in “amended” petition violated scope of remand and constituted improper “second or subsequent” petition but nonetheless properly rejected on the merits… Deschamps affirmed (IOR I-3(c)). [Read more…]
Discovery sanctions, punitives financial information
DISCOVERY SANCTIONS: Attorney fees/costs awarded for failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case… fact issues preclude summary judgment on punitives as to 2 Defendants, granted as to 1… claim that distribution of Trust assets following death of Trustee was fraudulent transfer rejected… request that assets be held by Court pending resolution of case rejected… Gilbert. [Read more…]
Settlements
Plan I
Shannon Rincker, 34, TBI, 3/15, Hellgate Elementary School Dist., MSGIA accepted liability, paid various benefits, Petitioner reached MMI in 3/19 and was awarded a 35% impairment, disputes arose as to a number of matters, $1 million for all claims ($309,778 for MSA with $468,391 total payout from 40-year guaranteed structured annuity), stipulated judgment; Anders Blewett for Rincker, Morgan Weber for MSGIA [Read more…]
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