Archives for 2021

DUI, no front plate stop without checking for waiver

August 7, 2021 By lilly

DUI: Officer had reasonable suspicion to stop vehicle with no front plate without first determining if it qualified for the body construction waiver, motion to suppress properly denied… J. Brown affirmed (memorandum). [Read more…]

Drugs, maneuvering handcuffed hands to drop drugs

August 7, 2021 By lilly

DRUGS: Defense properly precluded from arguing that officer’s testimony about observing Defendant maneuvering handcuffed hands to drop drugs was inconsistent with not-admitted report… conviction affirmed… Vannatta affirmed (memorandum). [Read more…]

Drugs, particularized suspicion for dog sniff

August 7, 2021 By lilly

DRUGS: Sufficient particularized suspicion for dog sniff… possession conviction affirmed… Marks affirmed (memorandum). [Read more…]

Negligent homicide, jury view of wrecked car

August 7, 2021 By lilly

NEGLIGENT HOMICIDE: Counsel not ineffective in acquiescing in jury view of car wrecked in rollover which Defendant claimed deceased was driving… conviction affirmed… Rienne McElyea affirmed (memorandum). [Read more…]

$466,000 verdict, rotten logs in log home

August 7, 2021 By lilly

VERDICT: $466,000 (40% against previous owners, 60% against inspector), rotten logs in log home. [Read more…]

Work comp, after-work MVA injuries, going & coming

August 7, 2021 By lilly

WORK COMP: After-work MVA injuries precluded by going & coming rule… Molloy affirmed (memorandum). [Read more…]

Interstate transportation of stolen property/laundering

August 7, 2021 By lilly

INTERSTATE TRANSPORTATION OF STOLEN PROPERTY/MONEY LAUNDERING convictions affirmed… Haddon affirmed (memorandum). [Read more…]

Settlements

August 7, 2021 By lilly

Plan I

Jennefer O’Donnell, shoulder(s), 1/17, $8,796, Russell Plath [Read more…]

Work comp, 3rd attempt to rescind 1988 head settlement

July 31, 2021 By lilly

WORK COMP: Third attempt to rescind 1988 head settlement properly rejected… Sandler affirmed (memorandum). [Read more…]

Endangerment, shotgun fired through hotel window

July 31, 2021 By lilly

ENDANGERMENT: Sufficient facts provided to support probable cause of criminal endangerment for firing shotgun through hotel window into parking lot… de novo standard of review applied to mixed questions of fact and law involved in motion to dismiss for lack of probable cause… Information improperly dismissed… Eddy reversed. [Read more…]