DRUGS: Trooper lacked particularized suspicion to expand speeding stop into drug investigation, motion to suppress improperly denied, conviction of possession with intent to distribute reversed… Vannatta reversed. [Read more…]
Archives for June 2024
Burglary/assault accountability, “multiple conviction”
ACCOUNTABILITY: Sufficient evidence to convict of accountability for aggravated burglary but conviction of accountability for assault with weapon violated “multiple conviction” statute… Kutzman affirmed, reversed. [Read more…]
DUI, blood draw of unconscious motorcyclist
DUI: Sufficient probable cause for investigative subpoena to obtain blood of unconscious motorcyclist but Trooper instead properly asked hospital staff to preserve blood drawn earlier… Best affirmed. [Read more…]
Vaccination discrimination, HB 702 “single subject”
VACCINATION DISCRIMINATION: §49-2-312(1) prohibition against employers discriminating based on vaccination status or immunity passport does what the title of HB 702 declares it does, but §312(4) provision that one may not be required to receive vaccine under emergency use authorization or vaccine undergoing safety trials is unconstitutional as not expressed in the title… ruling on remand from Supreme Court to resolve “single-subject” issue… Rieger. [Read more…]
Felony murder, defense verdict, stabbing death
FELONY MURDER: Defense verdict, stabbing death. [Read more…]
Kidnap/interstate sex abuse, convictions affirmed
KIDNAP/INTERSTATE SEX ABUSE convictions affirmed… Watters affirmed. [Read more…]
Kidnap of Indian, excited utterance hearsay exception
INDIAN KIDNAP conviction affirmed over excited utterance hearsay exception challenge… Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Craig McConnell, hip, 2/23, $16,720.26, Dean Blackaby [Read more…]
Government services, non-binary driver’s license
GOVERNMENT SERVICES: DSB improperly required to issue driver’s license with non-binary sex designation… Doud reversed… FAD. [Read more…]
Stay of execution, nuisance abatement order
STAY OF EXECUTION: Motion in Supreme Court for stay of Lint’s order directing Town to abate nuisance denied… Order. [Read more…]
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