IMMIGRATION: Burglar arrestee’s challenge of Border Patrol detainer request not moot after release from jail and into DHS custody… the detainer and jail’s actions in refusing release on bond constituted unauthorized arrest for civil immigration violation… Cuffe affirmed, reversed. [Read more…]
Archives for 2020
Speedy trial, 547 days, no-hearing dismissal
SPEEDY TRIAL rights of sexual assault Defendant properly found denied without evidentiary hearing… Todd affirmed (IOR I-3(c)). [Read more…]
Right to jury, waiver by failure to appear
RIGHT TO JURY waived by DUI Defendant’s failure to appear despite repeated warnings… appeal of City Court conviction to District Court properly dismissed… Newman affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Patrick Bad Bear, left knee, 9/17, Roosevelt Co., MACo accepted liability, paid benefits, Petitioner reached medical stability in 2/20, has not been released to TOI job but stipulates that he is employable, $70,000 new money for all claims, stipulated judgment; Michele Levine for Bad Bear, William Blackaby for MACo [Read more…]
Foreclosure, lake house treated as abandoned
FORECLOSURE: Verdict affirmed that loan servicer on million-dollar lake house that it treated as abandoned breached deed of trust but owner suffered no damages… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Parenting, objections to Family Court Services
PARENTING: Objections to Family Court Services process waived by active participation/acquiescence… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Sexual assault, panelist believed child would be truthful
SEXUAL ASSAULT: Panelist who expressed belief that child would testify truthfully should have been dismissed for cause… conviction reversed, remanded for new trial… Boucher reversed. [Read more…]
DUI, Texas DWI listed in NCIC as “convicted”
DUI: Texas DWI listed in NCIC record as “convicted” competent for felony enhancement despite no information about a sentence or judgment… R. McElyea affirmed. [Read more…]
Insurance, “Chamber Choices,” kickbacks, unconsented
INSURANCE: Claims relating to “Chamber Choices” health insurance program survive motion to dismiss based on alleged law of case vis-à-vis Federal Court disposition of ERISA theory, negligent misrepresentation pleading requirements… Halligan. [Read more…]
Settlements
Plan I
No lawyer:
Ronnie Hagel, lower arm, 6/19, $50,355
Paul Rubright, shoulder(s), 11/19, disputed TTD, $1,352
Bart Stevenson, ear(s), 9/15, disputed, $15,000
Terry Wilbanks, multiple, 3/94, $8,000 [Read more…]
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