SECURITIES/INSURANCE: Substantial evidence of violations in dealings with elderly… hearsay objections not preserved… not necessary to address whether failure to file exceptions failure to exhaust… Lympus affirmed. [Read more…]
Procedure, “writ of review” v. appeal
PROCEDURE: Supervisory control of Baugh denied as to “writ of review” procedures in appeal from Justice Court, denial of substitution of Judge… order. [Read more…]
Grandparent custody/contact
GRANDPARENT CUSTODY/CONTACT: Paternal grandmother abandoned claim for custody, properly awarded contact with children conditioned on respect for mother’s wishes… Rule 11 [Read more…]
Double jeopardy, assault on minor, PFMA
DOUBLE JEOPARDY: Assault on minor not barred by Alford plea to PFMA… Christopher affirmed. [Read more…]
Confession, minor, sex offense
CONFESSION of 16-year-old to sex offense was knowing, voluntary, interrogation proper, conflicting intellect opinions properly weighed… Neill affirmed. [Read more…]
Incest, proof of stepdaughter relationship
INCEST: Claim that imprisoned Defendant recently learned State failed to prove victim legally “stepdaughter” rejected… mandamus denied… order. [Read more…]
DUI, particularized suspicion
DUI: Particularized suspicion for stop… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
International child abduction, “grave risk of harm”
INTERNATIONAL CHILD ABDUCTION: No showing of “grave risk of harm” under Hague Convention that would preclude return of child abducted by Montana father to her mother in Panama… Panama living conditions, legal system, health issues, [Read more…]
Settlements
Wrongful discharge, defense verdict, §39-2-915 fees
WRONGFUL DISCHARGE: §39-2-915 challenge not preserved for appeal… failure to make findings/conclusions as to fees not reversible as Plath factors addressed at hearing… finding that Plaintiff refused arbitration implicit in fact that arbitration [Read more…]
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