PFMA: Challenges to sufficiency of waiver as to trial in absentia, denial of right to proceed pro se, not preserved for appeal… J. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Sanitary regulations, outbuildings
SANITARY REGULATIONS: 2007 regulations only contemplated physical enlargements/additions to structure of residence, no notice that outbuildings moved to property would be considered “increased use” or “bedrooms”… 2007 definitions [Read more…]
Death penalty, amended affirmance
DEATH PENALTY: Opinion affirming Lovell’s denial of habeas for death row convict amended by striking 2 sentences… no further petitions for panel or en banc rehearing allowed… order. [Read more…]
Amendment to assert Flynn fee/penalties claim
Flynn Petitioners allowed to amend to assert claims for fees/penalties against Common Fund Insurers… Shea. [Read more…]
Settlements
Plan I
Dawn Gregory, hand/arm/wrist/shoulder, 1/07, disputed, $80,000, stipulated judgment; David Sandler for Gregory, Todd Hammer for [Read more…]
$41,250 net verdict, bicycle/auto
VERDICT: $41,250 net (45/55), bicycle/auto, elbow/ hip/knee contusions/L4-5 herniation. [Read more…]
Drugs, fatal variance from indictment
DRUGS: “Fatal variance” from meth indictment due to alleged multiple conspiracies rejected based on lack of prejudice… evidence pre-dating indictment time frame relevant, not prejudicial… sentence properly based on 1.5-5kg of meth, [Read more…]
Sentencing, perjury/false declarations
SENTENCING: 27 months for perjury/false declarations consecutive to uncharged revocation/escape sentences proper… Molloy affirmed (unpublished). [Read more…]
Sentencing, lifetime supervised release
SENTENCING: Lifetime supervised release for aggravated sex abuse based on misreading of Guidelines, remanded for resentencing… Cebull reversed (unpublished). [Read more…]
Foreclosure/Indians, protracted tribal foreclosure
FORECLOSURE/INDIANS: Tribal foreclosure, sale of inn, purchase by bank, recognized, possession turnover ordered following extended/tortuous journey through tribal courts… Haddon. [Read more…]
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