SANCTIONS: $51,923.61 sanctions against defense attorney for delays resulting in sua sponte mistrial reversed following Federal Courts’ exoneration of counsel… Cuffe reversed. [Read more…]
Archives for 2024
Deliberate homicide, felony murder, juror qualification
DELIBERATE HOMICIDE: Conviction affirmed over challenges to panelist qualification, limitations on cross of jailhouse informants, sufficiency of evidence to support felony murder, late-disclosed jailhouse letter… Halligan affirmed. [Read more…]
Settlements
Plan I
Stephan Hebrand, elbow, 7/22, $85,000, Steve Carey
Penny Mansfield, low back, 8/23, $80,000, medical reserved, Matthew Murphy
Darryl Frost, multiple, 4/24, disputed, $15,000, Aaron Brann [Read more…]
Interest, compensation incident to specific performance
INTEREST: 9th Circuit certified question as to whether compensation incident to specific performance constitutes legal damages for prejudgment interest accepted… Order. [Read more…]
Ballot initiatives, inactive voters as “qualified electors”
BALLOT INITIATIVES: Supervisory control of Menahan denied as to TRO allowing counting inactive voters for signing election reform and abortion petitions… Order. [Read more…]
Negligent homicide, shooting of brother, pros conduct
NEGLIGENT HOMICIDE: Conviction in shooting of brother affirmed over claim of prosecutorial misconduct… ineffective assistance claim more amenable for postconviction… weapon enhancement consecutive to PFO sentence proper… Cuffe affirmed. [Read more…]
DUI, officers’ opinions as to level of intoxication
DUI: Officers did not violate Defendant’s privacy responding to a report of a truck hitting a vehicle in the parking lot and the driver staggering into his apartment… officers’ opinions improperly elicited as to level of intoxication to rebut claim that he became intoxicated after arriving at his apartment, but the error was harmless in light of other evidence… conviction affirmed… Overland/Eddy affirmed. [Read more…]
Vehicular homicide, plea agreement parole restriction
VEHICULAR HOMICIDE: Claim that counsel was ineffective for not understanding that the plea agreement allowed the State to argue for a parole restriction more appropriate for postconviction review… witness testimony as to impact of Defendant’s conduct was designed to seek parole restriction, not undermine the plea agreement… Lint affirmed (memorandum). [Read more…]
Officer sexual assault, whether within authority
OFFICER SEXUAL ASSAULT: Summary judgment for US precluded by factual dispute as to whether BIA Officer was within his authority when he coerced minor into sexual acts… remanded for bench trial before a different judge… Watters reversed (memorandum). [Read more…]
Prisoners, suit against guard for allegedly planting meth
PRISONERS: Inmate’s suit against former guard for allegedly planting meth in cell improperly dismissed for failure to exhaust administrative remedies… Haddon reversed (memorandum). [Read more…]
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