INITIAL APPEARANCE: Consequence for “unnecessary delay” in initial appearance held to be dismissal — without prejudice absent showing of specific prejudice… dismissal without [Read more…]
Ineffective assistance, rape, reenactment
INEFFECTIVE ASSISTANCE claims against rape defendant’s trial counsel including failure to open up Defendant’s character, failure to reenact alleged rape, properly rejected… McKittrick affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, ineffective assistance
ASSAULT WITH WEAPON: Ineffective assistance, trial procedural challenges, rejected in charges stemming from neighbor fight… Langton affirmed (IOR I-3(d)(v)). [Read more…]
Plea withdrawal, ineffective assistance, fees
PLEA WITHDRAWAL properly denied over claims of ineffective assistance/attorney fee ethical violations, learning disabilities, inconsistent arson plea/charge… Todd affirmed (IOR I-3(d)(v)). [Read more…]
Judicial conflict, massage of Judge’s wife
JUDICIAL CONFLICT: Supervisory control denied on request to substitute Neill as postconviction judge on claim of bias against massage-rape Defendant because Defendant gave massage to his wife… order. [Read more…]
DUI, jerky vehicle, closed storage yard
DUI: Sufficient suspicion to stop jerky vehicle exiting storage yard after hours… Tucker affirmed (IOR I-3(d)(v)). [Read more…]
Contract, laches, civil v. at-law
CONTRACT: Laches applicable to civil action, not breach of contract, which is action at law… suit not barred by 8-year statute… Molloy affirmed (unpublished). [Read more…]
SSD/SSI, mental
SSD/SSI mental claims properly rejected… Hartford/ Ostby affirmed (unpublished).
Shannon Wikoff appeals Magistrate Ostby’s affirmance of ALJ Lloyd [Read more…]
Environment, fire salvage, “serious questions”
ENVIRONMENT: “Serious questions” version of sliding scale test remains viable following Winter… preliminary injunction merited by serious questions as to validity of emergency fire salvage project… Molloy reversed. [Read more…]
Sentencing, mail fraud/money laundering
SENTENCING: Calculation of $2,626,050 mail fraud/laundering loss reasonable under preponderance or clear & convincing standard… 121 months, $1,211,300 restitution affirmed… Molloy affirmed (unpublished). [Read more…]
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