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…]
Archives for 2022
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…]
Hospital negligence, testicle torsion following surgery
HOSPITAL NEGLIGENCE: Claim against hospital that testicle torsion following surgery and loss of testicle resulted from failure to make ultrasound available to non-employee surgeon properly found time-barred… Dayton affirmed. [Read more…]
Abuse of process, wind farm litigation, 12(b)(6) dismissal
ABUSE OF PROCESS claim by ranchers frustrated by neighbors’ efforts to stop wind farm and “squeeze them out” improperly dismissed under Rule 12(b)(6)… Hayworth reversed (memorandum). [Read more…]
Amendment, affirmative defense 4 years after deadline
AMENDMENT: Supervisory control of Dayton denied as to allowing affirmative defense 4 years after deadline… order. [Read more…]
Drugs, “welfare check” unlawfully prolonged
DRUGS/DUI: Lawful stop & detention for “welfare check” and DUI suspicion unlawfully prolonged with extensive interrogations to wrongful seizure of meth and pipes (.000 BAC on PBT)… convictions reversed… Rieger reversed. [Read more…]
DUI, Batson, felony predicate, Prosecutor comments
DUI: Felony conviction upheld over Native American’s Batson challenge to State’s peremptory removal of Native American Panelist, Prosecutor’s comments, prior DUI as felony predicate… Harris affirmed. [Read more…]
Insurance, Employee Exclusion, “employee”/control test
INSURANCE: Injured driver of leased mail truck employed by USPS contractor not excluded from truck coverage when applying language of Employee Exclusion and definition of “employee” rather than the “control test”… Morris reversed (2-1 memorandum). [Read more…]
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