FALSE STATEMENTS in report to a PO do not constitute false statements to a judge that would invoke the “judicial proceeding exception” to the sweeping prohibition against lying to the Federal Government… supervised release properly revoked for lying in report… Molloy affirmed. [Read more…]
Archives for 2022
Settlements
Plan I
Shannon Parsons, multiple, 2/21, $50,000, Leslae Dalpiaz [Read more…]
Criminal Contempt, Judge charging and trying Clerk
CRIMINAL CONTEMPT improperly charged by Judge (not Prosecutor) against Tribal Court Administrator/Clerk, tried by same Judge, $100 fine levied in personnel matter… Chief Judge Coffee reversed… order. [Read more…]
Insurance, Earth Movement Exclusion, home damages
INSURANCE: Earth Movement Exclusion unambiguously precludes coverage for homeowners’ claims against developer for damage caused by settlement of soil under/around homes regardless of natural v. human-made cause… Todd reversed. [Read more…]
Class certification, jail strip searches
CLASS CERTIFICATION approved for claims of improper strip searches of misdemeanant jail detainees… Abbott affirmed. [Read more…]
Attorney discipline, stay pending criminal case
ATTORNEY DISCIPLINE: Proceedings against Meghan Doud for alleged trust accounts and client charges improprieties stayed pending criminal case in which she intends to plead the 5th… Doud is suspended during the interim… COP order. [Read more…]
Double jeopardy, assault on minor, 1 v. 2 distinct injuries
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…]
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…]
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