PROPERTY TAXES: Judge erroneously substituted his opinion for DOR’s in ruling that its mass appraisal methodology was unlawful… Wilson reversed. [Read more…]
Archives for September 2024
Probate, notarized but unwitnessed Will
PROBATE: Notarized but unwitnessed Will properly found valid over challenge by PR son… PR’s claim for expenses/disbursements related to defense against father’s partner’s petition to remove him improperly denied without good faith determination… Ulbricht affirmed, reversed (memorandum). [Read more…]
Marital, unknown valuation of Grenada property
MARITAL: Distribution of assets and debts including unknown valuation of Grenada property affirmed… Harada affirmed (memorandum). [Read more…]
Quiet title, pro se failure to preserve for appeal
QUIET TITLE: Pro se Defendant failed to preserve challenge to quiet title… Cuffe affirmed (memorandum). [Read more…]
Supervisory control, failure to serve parties
SUPERVISORY CONTROL as to contempt sanctions declined for failure to serve parties… Order. [Read more…]
Drugs, community caretaker chat to discovery of drugs
DRUGS: Community caretaker chat with driver slumped over wheel properly expanded to probationary search and discovery of drugs… Owen affirmed. [Read more…]
Postconviction, co-defendant findings by another judge
POSTCONVICTION petition properly denied without a hearing based on findings by another Judge in co-defendant’s case… Larson affirmed. [Read more…]
Fraudulent ARD claims, $5,826,023 qui tam
FRAUDULENT ARD CLAIMS: $5,826,023 to US for false claims by CARD with Qui Tam Relator BNSF awarded 25% plus $1,423,936.58 fees/costs affirmed… Christensen affirmed (memorandum). [Read more…]
Sanctions, lost parking lot surveillance footage
SANCTIONS for loss of Probation Office parking lot surveillance footage improperly imposed under Court’s “inherent authority” when such loss is covered by Rule 37(e) which requires purposeful hiding of evidence… finding of “recklessness” insufficient to instruct that it was established as a matter of law that Probation Officer used excessive force against probationer’s mother… $75,000 verdict and $94,077.97 attorney fees reversed, remanded for new trial… Morris reversed. [Read more…]
Prohibited person firearm, scienter not required
PROHIBITED PERSON FIREARM: Scienter not required for enhancement despite Sentencing Commission’s commentary… Christensen affirmed (memorandum). [Read more…]
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