DOUBLE JEOPARDY: Supervisory control of Wald denied as to refusal to dismiss assault on minor following acquittal on 1 count and hung jury on 1 count over Defendant’s argument that there was no proof of 2 distinct injuries… order. [Read more…]
Archives for July 2022
Public defenders, ordered to assign counsel within 3 days
PUBLIC DEFENDERS: Harris wrongly ordered OPD to assign counsel within 3 working days of order and provide continuous representation… contempt order quashed… order. [Read more…]
Substitute counsel, not seemingly substantial complaints
SUBSTITUTE COUNSEL based on not seemingly substantial complaints properly denied without hearing… murder/attempted murder convictions affirmed… H. Brown affirmed. [Read more…]
Settlement challenge, banks’ “check kiting” scheme
SETTLEMENT CHALLENGE: Adversary proceeding against Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 6 years earlier… proceeding dismissed with prejudice based on collateral estoppel after allowing Trustee to amend complaint to address defects requiring dismissal of prior complaint… Holt. [Read more…]
Settlements
Plan II
Scott Flinders, knee, 11/2, Liberty accepted liability, paid indemnity & medical, disputes as to nature & extent of disability, $500,000 for all claims (CMS review not required but out of abundance of caution $40,000 is allocated toward future medical), stipulated judgment; John Doubek for Flinders, Leo Ward for Liberty Mutual Ins. [Read more…]
Insurance, statutory cap, $12,410,016.11 MVA judgment
INSURANCE: Insurer correctly denied benefit of the §2-9-108 $750,000 cap in relation to $12,410,016.11 bench judgment for injuries from snowplow running stop sign because it waived the cap by providing a policy to the County with limits in excess of the cap… Rienne McElyea affirmed. [Read more…]
Realtor malpractice, fencing, mold
REALTOR MALPRACTICE claims related to fencing and mold properly rejected on summary judgment… Swandal affirmed. [Read more…]
Judicial error v. clerical error
JUDICIAL ERROR: Motion to amend family law order was assertion of judicial error, not clerical mistake, barred by 1-year limit… Menahan affirmed (memorandum). [Read more…]
Obstruction, refusal to exit vehicle, DUI acquittal
OBSTRUCTION: Refusal to exit vehicle stopped for turn violation so officer could determine possible impairment properly constituted obstruction (Defendant acquitted of DUI)… Lerman/Vannatta affirmed (memorandum). [Read more…]
$1,600 verdict, sideswipe MVA, back/neck/head pain
VERDICT: $1,600, sideswipe MVA, back/neck/head pain. [Read more…]