RAPE: Claims of prosecutorial misconduct, ineffective assistance, insufficient evidence, testimony of victim’s boyfriend, public defender fee, rejected… conviction of 3 [Read more…]
Endangerment, constitutionality, DUI Defendant
ENDANGERMENT statute not unconstitutionally vague as applied to DUI Defendant who crashed into vehicle causing injuries… conviction affirmed… Fagg affirmed. [Read more…]
Appointed counsel, reimbursement
APPOINTED COUNSEL reimbursement properly ordered paid to Clerk, although other options… Langton affirmed. [Read more…]
Judicial sale, deposit return, failed financing
JUDICIAL SALE terms & conditions modified to permit return of $15,000 deposit after failed good-faith effort to obtain financing… Molloy. [Read more…]
Settlements
Plan I
James Burke, injured in 8/05, died in 3/08, $39,000, stipulated judgment; Steven Carey for Burke, Kelly Wills for Roseburg Forest [Read more…]
Appeal, request to expedite, comp bad faith
APPEAL: Expedited processing denied for interlocutory appeal of Krueger’s class action certification of long-standing work comp common law bad faith/fiduciary claims against MPC, NWE, adjuster… order. [Read more…]
Mitigated deliberate homicide, bar fight
MITIGATED DELIBERATE HOMICIDE: Jury correctly instructed on mitigated deliberate as lesser-included of deliberate, presumed to follow instruction despite erroneous verdict form similar to one proposed by Defendant, no Demontiney error… aggravated assault lesser-included instruction properly [Read more…]
Arbitration, grain contracts, NGFA, choice of law
ARBITRATION: Bulk grain purchaser failed to establish as matter of law that purported referenced NGFA arbitration provision is not contract of adhesion as alleged by producers or that Oregon choice of law is valid, 12(b) motion to [Read more…]
Bridge repair, truck collision, MDT “indirect costs,”
BRIDGE REPAIR: MDT entitled to $27,380 “indirect costs” — 12.25% of contractor’s charge for repairing interstate overpass damaged by oversized truck… first impression…. Sherlock. [Read more…]
Excessive force arrest, $365,000 settlement
EXCESSIVE FORCE ARREST/SETTLEMENT: “Reckless” spoliation of arrest video warrants designation (default judgment) that officers used unreasonable force, reserving for jury causation, injury, damages, whether taser used, whether officers acted [Read more…]