PRESCRIPTIVE EASEMENT not abandoned by predecessors’ nonuse or Defendant’s construction of alternative access… Prezeau reversed. [Read more…]
Mental commitment, abusive calls to Gov’s Office
MENTAL COMMITMENT of person who made threatening/abusive calls to Governor’s Office affirmed… McKittrick affirmed (IOR I-3(d)(v)). [Read more…]
Right to civil counsel, pro se litigant
RIGHT TO COUNSEL for claims against State, Legislature, Governor by pro se litigant properly denied in “Catch-22”… Harkin affirmed (IOR I-3(d)(v)). [Read more…]
Ineffective assistance, jurors’ newspaper exposure
INEFFECTIVE ASSISTANCE: Defendant failed to demonstrate counsel ineffective by not polling jurors as to newspaper account of trial, nor by breakdown in communication initiated [Read more…]
DUI, right to lawyer before field tests
DUI: No right to lawyer for field tests without interrogation… DUI properly inferred from refusal to do field tests… McNeil affirmed. [Read more…]
$26,000 verdict, intersection auto, disk/emotional
VERDICT: $26,000, intersection auto, thoracic disk, emotional, admitted liability… 0 consortium for husband. [Read more…]
Defense verdict, RR tunnel CO exposure, engineer
VERDICT: Defense, RR tunnel CO exposure, engineer. [Read more…]
International child abduction, fees to pro bonos
INTERNATIONAL CHILD ABDUCTION: Pro bono attorneys who succeeded in return of child abducted by Montana father to Panama mother entitled to fees/costs… appellate [Read more…]
Child pornography, receipt/possession, re-sentencing
CHILD PORNOGRAPHY: Hearing not required on whether to vacate receipt or possession, or on new sentence on remand… same sentence on remand… Molloy affirmed (unpublishedl). [Read more…]
Felon in possession, 922(g)(1) constitutionality
FELON IN POSSESSION: §922(g)(1) not unconstitutional after Heller… burglary discharge date properly determined for base level… enhancement proper for pre-sentence escape, [Read more…]
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