ENVIRONMENT: Rock Creek Mine approval vacated… Molloy. [Read more…]
3rd-party respondent fees
3rd-party respondent not entitled to fees… Shea. [Read more…]
Settlements
Plan I
Kaylene Strutz, low back, 5/09, disputed, $125,000 ($25,000 MSA), 20% Lockhart lien, stipulated judgment; Thomas Murphy for Strutz, [Read more…]
Negative easement, referenced plat, no-build area
NEGATIVE EASEMENT: Referenced plat’s “Building restriction line” bars garage on side of line with label… garage properly ordered removed… McNeil affirmed. [Read more…]
Old county road, public access to State land
OLD COUNTY ROAD: Public access established to corner of State land via right-of-way to overgrown but not abandoned road… Deschamps affirmed. [Read more…]
Marital, decision to move, parenting plan
MARITAL: Wife on remand again wrongly penalized in amended parenting plan for decision to move… Simonton reversed. [Read more…]
DUI, ranch driveway, prior DUI
DUI: Driver traveled on way of State to reach ranch driveway… no abuse of discretion in not taking judicial notice of JP disallowance of prior DUI, unsigned forms insufficient to overcome presumption of regularity… circumstantial [Read more…]
Double jeopardy, parole/suspension revocations
DOUBLE JEOPARDY not violated by revocations of parole and suspended sentence based on same violative acts… issue not [Read more…]
Ineffective assistance, failure to call expert
INEFFECTIVE ASSISTANCE: Rape/incest Defendant not prejudiced by counsel’s unfulfilled promise in opening to call sex offense expert… counsel met professional responsibilities [Read more…]
Ineffective assistance, jury query meeting absence
INEFFECTIVE ASSISTANCE: No prejudice shown by appellate lawyer failing to raise Defendant’s absence from jury query meeting, outcome would not have been different… [Read more…]
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