SENTENCING: Standard of review of unsworn hearsay at sentencing clarified: the test is whether it is “procedurally” or “substantively” reliable, considered in the disjunctive… both tests met for co-defendants’ hearsay which supported obstruction enhancement of robbery conviction… Haddon affirmed. [Read more…]
Archives for 2021
5th Amendment privilege, robbery co-defendant
5TH AMENDMENT PRIVILEGE: Blanket privilege properly allowed co-defendant in robbery case… Molloy (memorandum). [Read more…]
Insurance, CGL, subsequently constructed building
INSURANCE: CGL policy purchased for premises containing office, warehouse, and shop space does not cover a subsequently constructed tank wash building that was destroyed by fire… Watters. [Read more…]
Settlements
Plan I
Judy Story, upper back OD, 10/15, City of Livingston, MMIA accepted liability, disputes as to certain indemnity & medical, $130,000 new money for all claims ($52,313.75 to Story and Murphy Law firm, $77,686.25 to Ametros for MSA), stipulated judgment; Matthew Murphy for Story, Morgan Weber for MMIA [Read more…]
Race, African American co-workers’ “boorish” comments
RACE DISCRIMINATION: African American’s co-workers’ comments/behavior “boorish and distressing” but not severe or pervasive enough to alter conditions of employment, complaint dismissed as lacking merit… OAH administrative decision… Caroline Holien. [Read more…]
Age discrimination, RIFed State Library employee
AGE DISCRIMINATION: Finding of no discrimination against RIFed State Library employee affirmed… Holien affirmed… HRC. [Read more…]
Receivership, Receiver protected by judicial immunity
RECEIVERSHIP: Special Master correctly concluded that a court-appointed receiver is protected by judicial immunity, Master acted within his authority in determining that it was unnecessary for Receiver to require release or indemnification agreement to return disputed personal property, but Master exceeded his authority in determining that Receiver acted in good faith and within scope of his authority in obtaining & retaining the property… Special Master Kevin Jones affirmed, reversed. [Read more…]
Deliberate homicide, Prosecutor re local drug culture
DELIBERATE HOMICIDE: Prosecutor’s opening and closing comments about local drug culture not misconduct in light of underlying drug issues involving Defendant and eyewitness… some ineffective assistance claims rejected, others more proper for postconviction… conviction affirmed… Souza affirmed. [Read more…]
Aggravated burglary, high-speed flight 3 weeks later
AGGRAVATED BURGLARY: Evidence of high-speed chase flight from rehab facility properly allowed as evidence of consciousness of guilt for burglary offenses 3 weeks earlier… jury properly instructed on mens rea elements… convictions affirmed… McMahon affirmed. [Read more…]
Sentencing, ability to pay fines, costs, fees
SENTENCING: Fines, costs, fees improperly assessed without adequate consideration of ability to pay but reason for counsel’s failure to object not apparent from record, ineffective assistance claim more amenable to postconviction petition… drug convictions affirmed without prejudice to postconviction petition… Cuffe affirmed (memorandum). [Read more…]
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