SENTENCING: Probation conditions for Stolen Valor Defendants to wear signboards at Veterans Memorial stricken on State’s concession… Pinski reversed (order). [Read more…]
Archives for 2021
Sentencing, tier level for failure to register
SENTENCING: Tier level improperly imposed for failure to register as sex offender… Todd reversed (order). [Read more…]
Incest, prior “playing horsey” accusation
INCEST: 5-year-old’s statement that she saw her mother and mother’s boyfriend “playing horsey” properly rejected in Mazurek hearing as prior accusation of sexual misconduct… father’s conviction in re-trial affirmed… Kutzman affirmed (memorandum). [Read more…]
Witness discovery, interview/depose rape accuser
WITNESS DISCOVERY: Supervisory control of Larson denied as to denial of motion to interview or depose rape accuser… order. [Read more…]
Personal jurisdiction, product liability
PERSONAL JURISDICTION not exercised over Pennsylvania/Tennessee LLC that manufactured heater that allegedly caused fire in National Guard shelter assembled by Montana corporation using HVACs created by Florida corporation… Christensen. [Read more…]
§414(6)(a) (2017) subrogation unconstitutional
§414(6)(a) (2017) subrogation is unconstitutional under Art. II §16 full redress for not including claimant’s costs of recovery in tort claim including attorney fees but the remedy is not a ruling that insurer has no right of subrogation, insurer may exercise that right when below-knee amputation Claimant who obtained $7,875,000 tort settlement is made whole… Sandler. [Read more…]
Settlements
Plan I
Jaymie McMaster, knee, 11/18, $62,500, medical reserved, Matthew Murphy [Read more…]
Appellate disqualification, SB 140 challenge
APPELLATE DISQUALIFICATION: Challenge to SB 140 to be heard by the 6 Associate Justices (response to Governor’s motion to disqualify judges who participated in SB 140 poll, Justices did not participate in poll)… order. [Read more…]
Sentencing, 6-month DUI, 552 days to execution
SENTENCING: 6-month DUI sentence long expired during 552 days from notice of appeal remittitur to motion to execute stayed sentence, motion improperly granted… Townsend reversed. [Read more…]
Sentencing, 2016 SIWC, pre-17 statute
SENTENCING: Defendant who committed SIWC in 2016 properly sentenced under pre-17 statute… Pinski affirmed (memorandum). [Read more…]
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