ENVIRONMENT/PROCEDURE: Untimely motion to amend affidavit challenging air quality permit related back to original affidavit, amendment wrongly denied… de novo review, not abuse of discretion, proper standard as to whether amended [Read more…]
Territorial integrity/procedure, pipeline electricity
TERRITORIAL INTEGRITY/PROCEDURE: Claims in 2nd action in 2nd county barred by claim & issue preclusion of ruling on same claim in 1st county of exclusive right to supply [Read more…]
Marital, post-appeal rulings, farm properties
MARITAL: Rulings by Stadler following first appeal of decree dividing farms affirmed… (IOR I-3(d)(v)). [Read more…]
DUI, marijuana, driving, snow-obscured plate
DUI: Sufficient particularized suspicion based on driving to stop marijuana smoker, beyond stated reason of snow-obscured plate… Salvagni affirmed. [Read more…]
DUI, community caretaker, stopped on shoulder
DUI: Patrolman had caretaker duty to determine if person outside car on shoulder in remote area of Interstate at dusk needed help or was in peril… observations provided [Read more…]
DUI, JP waiver form, 16-year-old, right to attorney
DUI: JP waiver form made clear that 16-year-old had right to attorney and he signed below affirmation that he did not want attorney, form clarified rather than made contradictory by JP crossing out inapplicable statements that attorney would be [Read more…]
Game, unlawful possession, trespass, search warrant
GAME: Charge of unlawful possession of game animals properly not dismissed… seasonal rules exempted from MAPA publication… officers’ entry onto property to post notice of [Read more…]
Sentencing, curfew condition, adult drug dealer
SENTENCING: Discretionary curfew proper for adult drug dealer… Watters affirmed (IOR I-3(d)(v)). [Read more…]
Competency, pretrial determination, appealability
COMPETENCY: Pretrial competency determination by Haddon not a final order, collateral order doctrine not applicable, order not appealable. [Read more…]
Murder dismissal, with v. without prejudice
MURDER DISMISSAL: Triple murder charges dismissed without prejudice due to death of key witness and lack of credibility of another and new evidence undermining proof that Defendant was in vicinity… Molloy. [Read more…]
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