BANKRUPTCY: Quiet title for Debtor properly made on existing record after Defendants failed to submit additional information by deadline… Peterson/Molloy affirmed (unpublished). [Read more…]
Sentencing, manslaughter
SENTENCING: 160 months above-Guidelines for manslaughter substantively reasonable in light of convictions for violent conduct, 1983 murder… Haddon affirmed (unpublished). [Read more…]
Sentencing, theft from tribal organization
SENTENCING: Leader/organizer enhancement for theft from tribal organization proper, but remanded for reconsideration of “abuse of trust” enhancement in light of subsequent Contreras… Haddon affirmed, reversed (unpublished). [Read more…]
Sentencing, child pornography
SENTENCING: 240 months for child pornography affirmed… Cebull affirmed (unpublished). [Read more…]
Settlements
Disability, SSD inconsistency, qualified individual
DISABILITY DISCRIMINATION claim for not rehiring apiary laborer following leg amputations rejected as inconsistent with SSD representations of inability to do former tasks (claimant estopped from arguing that he is qualified individual with disability)… punitives not available in Title 42 Ch. 2 [Read more…]
Grandparent contact, modification/termination
GRANDPARENT CONTACT: Stipulation not “contract” that mother “breached” by moving to terminate, Judge must make fitness determination, allow evidence that [Read more…]
Marital, default divorce
MARITAL: Default against wife properly not set aside over claim that she was incapacitated by depression and hospitalization… Haynes affirmed (IOR I-3(d)(v)). [Read more…]
Obstruction, ineffective assistance, “knowing”
OBSTRUCTION/INEFFECTIVE ASSISTANCE: “Knowing” element requires more than defendant was aware of his conduct… counsel ineffective for not objecting to instruction (plain error review)… remanded for new trial… Phillips reversed. [Read more…]
Plea withdrawal, pre-Goetz Alford plea
PLEA WITHDRAWAL properly denied to Defendant who entered Alford plea in wired sting despite Goetz (issued after plea, prior to sentencing)… Christopher affirmed. [Read more…]
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