DEPUTY TERMINATION: Extra-statutory ulterior reasons for termination not precluded… judicial misconduct claim not supported… $95,998 verdict for deputy fired for allegedly spreading rumor as to jailers’ romantic entanglement, refusal [Read more…]
Property, partition/sale, siblings
PROPERTY: Partition/sale proper resolution of dispute as to property conveyed by deed from father to 5 children contrary to divorce agreement to divide among children… son who lived on property not 3rd-party beneficiary to agreement, adverse [Read more…]
Rape/sexual assault, children/pastor
RAPE/SEXUAL ASSAULT: Motion to dismiss for preaccusation delay not necessarily untimely after deadlines for other pretrial motions, but no substantial prejudice by 3 years between allegations by girls and investigation of pastor… no prosecutorial misconduct/conflict by CA filing charges after [Read more…]
Speedy trial, misdemeanor reckless driving
SPEEDY TRIAL: Difficult pregnancy of eyewitness to alleged reckless driving good cause for delaying misdemeanor trial past 6 months even though she ultimately was not called… Sherlock affirmed. [Read more…]
Plea agreement, breach, DUI hit & run
PLEA AGREEMENT: Judge did not breach agreement by rejecting it after accepting guilty pleas to DUI hit & run pedestrians death/injuries based on Boot Camp rejection, PSI concerns… Judge did not improperly insert himself into [Read more…]
DUI, prior ND DUIs
DUI: Claim of infirm prior ND DUIs rejected… Salvagni affirmed (IOR I-3(d)(v)). [Read more…]
Revocation, forewarned of prison
REVOCATION: Defendant forewarned of prison, not denied due process by proceeding directly to disposition without continuance for psychological assessment… Sandefur affirmed [Read more…]
Sentencing, bankruptcy fraud/false loan statement
SENTENCING: Restitution proper for bankruptcy fraud/false statement to bank despite prior bankruptcy settlement with creditors… 5 years probation, $102,696 restitution substantively reasonable… Molloy affirmed. [Read more…]
Medical settlement re-open, mutual mistake of fact
No mutual mistake as to medical condition at time of settlements, re-open denied… Shea. [Read more…]
Settlements
Plan I
Dorothy Lamb, OD, 1/04, dispute as to manner of payment of Lockhart lien, $6,650, stipulated judgment; Rex Palmer for Lamb, [Read more…]
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