PROBATE: Claim by decedent’s siblings for $100,371.75 POD funds properly allowed as creditor’s claim over challenge by estranged daughter… undue influence by neighbors, competing wills, right to jury, appointment of independent PR… 10% “legal rate” interest improperly awarded on creditor’s claim… Moses affirmed, reversed (IOR I-3(c)). [Read more…]
Archives for 2021
Legal malpractice claims against public defender
LEGAL MALPRACTICE claims against public defender properly rejected as time-barred and lacking contract… Halligan affirmed (IOR I-3(c)). [Read more…]
Water, beneficial use permit, Rock Creek Mine
WATER: Beneficial water use permit related to Rock Creek Mine improperly reversed… DNRC affirmed, Seeley reversed. [Read more…]
Assault with weapon, disputed small knife
ASSAULT WITH WEAPON: Conviction in altercation involving disputed small knife affirmed… Newman affirmed (IOR I-3(c)). [Read more…]
Sentencing, counsel’s erroneous statutory representations
SENTENCING: Defense counsel’s erroneous representation that Judge could not continue deferred sentence with additional treatment conditions constituted ineffective assistance requiring remand for resentencing… McMahon reversed (IOR I-3(c)). [Read more…]
Drugs, vehicle probation search near “drug house”
DRUGS: Vehicle probation search proper based on officer’s suspicion of connection to nearby “drug house” even if PO only referenced out-headlight basis for stop… Berger affirmed (IOR I-3(c)). [Read more…]
SSD
SSD claim properly denied (2-1 decision)… Cavan affirmed (memorandum). [Read more…]
Robbery
ROBBERY convictions affirmed… Lovell affirmed (memorandum). [Read more…]
Settlements
Plan I
Roy Houseman, 13 claims of various parts 2010-20, MSGIA contends — and Petitioner disputes — that Petitioner was placed at MMI for all accepted conditions and no further treatment is causally related, several claims are time-barred and/or closed by operation of law, Claimant was terminated for disciplinary reasons and approved to return to alternative employments so no past-due or ongoing wage loss is owed, $100,000 new money for all claims ($30,890 MSA to be self-administered despite MSGIA’s offer of professional administration, Petitioner agrees to hold MSGIA harmless for failing to fully fund or appropriately self-administer MSA), stipulated judgment; Thomas Murphy for Houseman, Morgan Weber for MSGIA [Read more…]
Conversion/emotional distress, equipment release
CONVERSION/EMOTIONAL DISTRESS: Claim that shop converted loader by releasing it to unauthorized party rejected… emotional distress claims fail parasitic or standalone standards… Christopher affirmed (IOR I-3(c)). [Read more…]
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