CUMULATIVE ERRORS: Priming/exploiting jurors’ attitudes about domestic violence despite dismissal of PFMA/stalking and extraneous evidence portraying Defendant as a stalking liar before he testified require reversal of solicitation-to-tamper conviction, remand for retrial… McMahon reversed. [Read more…]
Archives for 2020
Prosecutor vouching, testimony/arguments on elements
PROSECUTOR VOUCHING: Assault/disorderly conduct convictions reversed on concession of error on claims of improper vouching and testimony/argument on elements of intimidation, assault, disorderly conduct, remanded for retrial… Gilbert reversed (order). [Read more…]
DUI, parked vehicle, no key, “actual physical control”
DUI: Sufficient circumstantial evidence of DUI over claim that intoxicated Defendant in parked vehicle had not been driving and a co-worker had driven and left with the key and challenge to “actual physical control” instruction… H. Brown affirmed (IOR I-3(c)). [Read more…]
Revocation, animal cruelty, rehearing denied
REVOCATION: Rehearing of Opinion upholding animal cruelty Defendant’s revocation by Harris for failing to timely reduce horse herd denied… order. [Read more…]
$120 million+ settlement, Big Tobacco breach of contract
SETTLEMENT: $120 million+ to State from Big Tobacco for breach of contract and tort claims for allegedly intentionally evading obligations under 1998 Master Settlement Agreement. [Read more…]
Sex trafficking convictions
SEX TRAFFICKING convictions affirmed… Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Shane McLaren, low back, 5/19, $150,000, Leslae Dalpiaz
Elisabeth Laatsch, multiple, 2/20, $75,000, medical reserved, Tommy Murphy [Read more…]
Ditch easement, prescriptive, jury demand, $256,790 fees
DITCH EASEMENT properly found by prescription… jury demand untimely or waived… $256,790 fees properly awarded for vexatious multiplication… Gilbert affirmed (IOR I-3(c)). [Read more…]
Constructive discharge, emotional distress preemption
CONSTRUCTIVE DISCHARGE: Emotional distress properly dismissed as preempted by WDA… challenge to Rule 615 corporate rep’s presence in courtroom during discharge trial properly rejected… Vannatta affirmed (IOR I-3(c)). [Read more…]
Marital, MPSA v. prenup, high-end divorce
MARITAL: MPSA properly found valid and superseding prenup in high-end divorce… no abuse of discretion in not sua sponte continuing final hearing to accommodate husband’s Canadian doctor to bolster claim of incapacity in signing MPSA… Manley affirmed (IOR I-3(c)). [Read more…]
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