SIWC: Jury improperly instructed with high-probability-of-a-fact definition of “knowingly” for the element of “without consent” rather than a conduct-based definition in situation of withdrawn consent… conviction reversed, remanded for retrial… Larson reversed. [Read more…]
Archives for January 2024
Incest, ongoing sex with adopted daughter
INCEST and other counts related to ongoing sex with adopted daughter affirmed… Todd affirmed. [Read more…]
Youth, ineffective assistance standard
YOUTH: Unnecessary to adopt modified criteria for youth court ineffective assistance claims as youth accused of sex offenses was not prejudiced by failure to object to hearsay under any standard… Seeley affirmed. [Read more…]
SSD, failure to consider impairments together
SSD: Denial of benefits reversed for failure to consider whether Claimant’s various impairments together indicate that her combination of conditions meets or equals any Listing… Michele Kelley reversed… Morris. [Read more…]
Settlements
Plan I
Angela Carlson, right knee, 11/22, Smith’s Food & Drug, Columbia Falls, claimed new injury in 11/23 while being accommodated at work and sitting in a chair, alleging increased knee pain, low back and hip pain, Kroger accepted 1st claim, denied 2nd, disputes include wage loss, nature & extent of injuries, need for future treatment, $40,000 for all claims, stipulated judgment; Aaron Brann for Carlson, Charlie Smith for The Kroger Co. [Read more…]