UTILITIES: Judicial review of water/sewer rates properly rejected for failure to exhaust administrative remedies without considering futility/waiver/estoppel arguments… Menahan affirmed. [Read more…]
Archives for June 2022
Initiative, I-33 free education for prekindergartens
BALLOT INITIATIVE: Constitution permits initiatives to appropriate money… AG’s rejection of I-33 to extend free education to prekindergartens reversed. [Read more…]
Race discrimination, District Court suit against HRB
RACE DISCRIMINATION: District Court complaint against HRB for dismissing 2002 claim years ago properly dismissed for failure to first file with HRB, also beyond 180-day statute… Parker affirmed (memorandum). [Read more…]
Rape, ineffective assistance, 5 attorneys, 2 trials
RAPE: Ineffective assistance not established against any of 5 attorneys in 2 trials… Ulbricht affirmed (memorandum). [Read more…]
DUI/assault on officer, morning of trial information
DUI/ASSAULT ON OFFICER: Prosecutor’s effort to correct information was clumsy and dragged into morning of trial but not prejudicial… video appearance of toxicologist did not implicate trial fairness… Prosecutor’s explanation of presumption of innocence, officer’s muted reaction to kick in shin, “colorful” comment about Defendant with .249 BAC being “loaded” not misconduct… convictions affirmed… Dayton affirmed (memorandum). [Read more…]
PFMA/unauthorized use of vehicle/tampering
PFMA/UNAUTHORIZED USE OF VEHICLE/TAMPERING: Allowing deputies to testify about out-of-court statements by witnesses harmless error… right to fair trial not violated by not interviewing a juror who told a witness in the hall that he was brave for testifying… confrontation right not violated by repeated replaying of jail calls to victim… costs wrongly imposed without ability-to-pay inquiry… Vannatta affirmed, reversed. [Read more…]
Incest conviction v. SIWC acquittal
INCEST: Acquittal of SIWC did not invalidate conviction of incest for sexual contacts with adopted daughter… that and other postconviction claims properly rejected… Cybulski affirmed (memorandum). [Read more…]
Settlements
Plan I
Dallin Woo, cervical spine, 3/21, Stillwater Mining, Stillwater initiated all benefits due & owing, Petitioner received treatment, achieved MMI, impairment assigned, restrictions imposed, disputes exist and Petitioner wishes to control his future care, $80,000 new money for all claims, stipulated judgment; Paul Adam for Woo, Adrianna Potts for Stillwater Mining [Read more…]