REVOCATION: Hearing as to attorney representation not required as complaints not seemingly substantial… revocation impliedly comported with MIIG even though Judge “not a big fan” of it and does “not give it a lot of consideration”… drugs Defendant entitled to 574 days elapsed time… Krueger affirmed, reversed (memorandum). [Read more…]
Archives for 2024
Identity theft, Zoom credit card foundational witness
IDENTITY THEFT: State properly allowed to add credit card foundational witness first day of trial, any error in allowing testimony via Zoom was harmless… conviction affirmed… Menahan affirmed (memorandum). [Read more…]
Settlements
Plan I
No lawyer
Melissa Allen, ankle, 4/23, disputed, $2,500
David Chopp, lower leg, 8/82, $10,000, medical closed [Read more…]
Receivership, $249,423.78 fees prior to disposition
RECEIVERSHIP: $249,423.79 fees properly awarded Receiver and his attorney prior to disposition of all claims in commercial property dispute… Larson affirmed (memorandum). [Read more…]
Elections, 2021 voter legislation unconstitutional
ELECTIONS: Unconstitutionality of 2021 voter amendments affirmed… Moses affirmed. [Read more…]
DUI, county line jurisdiction, community caretaker
DUI: Defendant properly tried in L&C where he drove into ditch and came to stop in Broadwater… properly taken to Trooper’s car under community caretaker and signs of impairment… not impeded from independent blood draw… statutory speedy trial waived by request for continuance… conviction affirmed… Swingley/McMahon affirmed (memorandum). [Read more…]
Jurisdiction, challenge of State Court judgments
JURISDICTION: “State-court loser” complaining of injuries caused by state-court judgments stemming from marital property litigation barred by Rooker-Feldman from challenging judgments in Federal Court (asserting RICO claims against ex-wife and her attorneys), remanded for dismissal without prejudice… Morris affirmed (other grounds) (memorandum). [Read more…]
Prisoner, non-legal mail confiscation claim viable
PRISONERS: Claim that MSP confiscated non-legal mail improperly dismissed as prisoners have 1st Amendment right to send and receive mail even when it is not sent to or from an attorney… other claims properly dismissed… Morris affirmed, reversed (memorandum). [Read more…]
Settlements
Plan I
Greg LaRu, knee, 12/22, disputed, $3,490, Dean Blackaby [Read more…]
$16,652,538 DPHHS negligence verdict reversed
NEGLIGENCE: §41-3-203(1) immunity not applicable to State in case alleging DPHHS failed to properly investigate child abuse resulting in serious injuries… Court erred by ruling that DPHHS was negligent and assault was foreseeable… disproportionate sanction imposed on State for spoliation of photos showing bruising… $16,652,538 verdict reversed, remanded for new trial… Best affirmed, reversed. [Read more…]
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