DUI: Officer had particularized suspicion of DUI and probable cause for DUI arrest independent of challenged eluding being initial reason for stop… license reinstatement properly denied… Gilbert affirmed (memorandum). [Read more…]
Archives for October 2021
Defense verdict, UIM/UTPA claims by former agent
VERDICT: Defense, UIM/UTPA claims by former insurance agent stemming from rear-end MVA. [Read more…]
Defense verdict, bicycle/auto, back/TBI/concussion
VERDICT: Defense, bicycle/auto, back/TBI/concussion. [Read more…]
SSD, ALJ improperly acted as medical expert
SSD: ALJ improperly acted as his own medical expert in assessing functional limitations as to CTS claim, remanded for a medical expert to review the record or for a consultative exam… neck/back pain and mental claims properly rejected… Molloy. [Read more…]
Settlements
Plan I
DeeDeanna Anderson, right shoulder and thoracic/lumbar spine, 5/09, Benefis accepted liability, paid medical & indemnity, disputes as to further indemnity & medical, $35,000 new money for all claims, stipulated judgment; Thomas Murphy for Anderson, Andrew Adamek for Benefis Health System [Read more…]
Conservatorship, son v. daughter properties distribution
CONSERVATORSHIP: Estate with numerous rental properties properly distributed 60% to son and 40% to daughter over challenges by son seeking bigger share… Vannatta affirmed. [Read more…]
Abuse of process/vexatious litigant, suspended attorney
ABUSE OF PROCESS/VEXATIOUS LITIGANT: Abuse of process claims against debt collection attorney and others properly rejected on summary judgment without hearing… suspended attorney properly declared vexatious litigant and sanctioned with District pre-filing order, extended statewide… Menahan affirmed (memorandum). [Read more…]
Deliberate homicide, murder of father, son v. deputy
DELIBERATE HOMICIDE: Conviction of son of murder of father affirmed over son’s suggestion that a sheriff’s deputy did it to obtain inheritance as secondary beneficiary in will, deputy’s cleaning of scene after release by investigators, Prosecutor’s comments impugning fingerprint expert’s failure to produce comparisons… $25,250 costs improperly imposed without ability to pay… Hayworth affirmed, reversed. [Read more…]
Ineffective assistance, attorney testimony in bail jumping
INEFFECTIVE ASSISTANCE: Attorney for PFMA/criminal mischief cases properly allowed to testify for the State in Defendant’s bail jumping case after Defendant waived attorney-client privilege, did not constitute ineffective assistance… attorney not ineffective for failing to move to continue PFMA/mischief trials as it would have been futile with Defendant in California… bail conviction affirmed… Harris affirmed. [Read more…]
Judge substitution, PCR of municipal court conviction
JUDGE SUBSTITUTION: Postconviction review of justice, municipal, or city court sentence not limited to district judge who heard underlying appeal in multi-judge districts, motion to substitute improperly denied… Larson reversed (memorandum). [Read more…]