LOW-INCOME HOUSING LP appraised with discounted cash flow methodology at $640,000 rather than Defendant’s sale value method at $3,953,124… Morris. [Read more…]
Archives for March 2026
Negligence, 3-vehicle icy road crash, spoliation, experts
NEGLIGENCE: Summary judgment improperly granted to Defendant in 3-vehicle icy road crash… default judgment properly denied for spoliation of truck’s speed data… no abuse of discretion in denying Plaintiff’s motion to compel and granting Defendant a protective order regarding expert qualifications… remanded for trial… Cybulski affirmed, reversed. [Read more…]
Residential defects claims against City, rehearing denied
REHEARING of holding that residential defects claims against City are precluded by statute of repose denied… Order. [Read more…]
Parenting, insufficient evidence of sex abuse risk
PARENTING: No clear error in finding insufficient evidence that husband posed a sex abuse risk to minor daughter and in reinstating unsupervised parenting time… No plain error in presiding over the show cause hearing via Zoom when Judge was too ill to travel… Abbott affirmed. [Read more…]
Rape/kidnap/robbery, repeated use of “victim”
RAPE/KIDNAP/ROBBERY: Defendant deprived of fair trial by repeated use of “victim” in reference to complaining witness and by admission of his request to his girlfriend that she “wipe” his phone… conviction reversed, remanded for a new trial… Marks reversed. [Read more…]
Postconviction, killed one deputy, injured another
POSTCONVICTION claims of ineffective assistance in defending Defendant convicted of killing one deputy and wounding another in 2003 properly rejected without an evidentiary hearing… Olson affirmed. [Read more…]
Deliberate homicide, $72,000 restitution for lost profits
DELIBERATE HOMICIDE conviction affirmed over challenge to denial of counsel substitution and incentivized co-defendant instruction… $72,000 restitution for loss of profits to family business not supported… Harris affirmed, reversed. [Read more…]
Drugs, continued prosecution of unresolved count
DRUGS: §46-11-503(1)(b) does not bar continued prosecution of an unresolved count when all charges were filed in a single proceeding and the Defendant pled guilty to other counts charged in that proceeding… McMahon affirmed. [Read more…]
Postconviction, $150,000 “fixed fee” contract
POSTCONVICTION: Ineffective assistance claims by sexual assault Defendant involving retained trial and appellate counsel and State Bar-resolved dispute over $150,000 “fixed fee” contract properly rejected… Salvagni affirmed. [Read more…]
Debt collection, medical accounts stated
DEBT COLLECTION: 4 medical accounts stated improperly dismissed as not addressed in summary judgment motion… fact issues as to whether 93 days of silence constituted an “unreasonable” time to retain a statement without objection require jury resolution on a 5th account… Ohman reversed. [Read more…]