ENDANGERMENT/STALKING: Placing barbed wire and obstructions in easement constituted stalking regardless of no verbal or written “communication”… railroad tie fence post properly admitted despite weather deterioration between first trial with hung jury and second trial which diminished visibility of dirt line vis-à-vis Defense argument that screw was visible to chainsaw cutter… convictions affirmed… Berger affirmed. [Read more…]
Archives for 2021
Jury waiver, oral representation by counsel insufficient
JURY WAIVER: Oral representation of counsel insufficient basis for waiver of jury… courthouse vandalism conviction reversed, remanded for new trial… Eddy reversed (memorandum). [Read more…]
Assault on officer, justifiable force not self-evident
ASSAULT ON OFFICER: Unlawful force by jailer in struggle not self-evident from State’s case such that Defendant’s justifiable force instructions should have been given… Seeley affirmed. [Read more…]
Trial restraints, MSP inmate, leg irons, guards present
TRIAL RESTRAINTS: MSP inmate charged with spitting on guards not deprived of fair trial by having to wear leg irons and presence of guards in courtroom… Dayton affirmed (memorandum). [Read more…]
DUI, particularized suspicion independent of eluding
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…]
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…]
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