PROTECTIVE ORDER by McLean interlocutory, not appealable… appeal fees denied… order. [Read more…]
Sentencing, alleged erroneous PSI
SENTENCING: Defendant waived objection to proceeding with sentencing based on alleged erroneous PSI… Sandefur affirmed. [Read more…]
Seized property, interest in property
SEIZED PROPERTY: Hearing must be held as to interest in deer antlers and mounts introduced at trial, ownership not established by affirmation of sentence… Rice reversed. [Read more…]
Youth, immaturity incompetency, fire starter
YOUTH: Equal protection not implicated by youth incompetency based on immaturity vis-à-vis adult mental disease… substantial evidence that 9-year-old house fire starter competent for trial… youth in need of intervention to [Read more…]
Violent offender registration, “address”/“residence,”
VIOLENT OFFENDER REGISTRATION: Amendment from “street address” to “residence” 1st day of trial insufficient to reverse failure to register conviction… Sandefur affirmed. [Read more…]
Weekly wage calculation, regular time v. overtime
Weekly wage properly calculated using regular-time rather than overtime rate… ambiguous §39-71-123(1)(a) construed in light of rejection of amendment… Shea. [Read more…]
Repetitive trauma OD, hairstylist, penalty/fees
Insurer liable for OD from hairstyling repetitive trauma… Claimant entitled to TTD retroactive to when employer ceased modified position, less waiting period… penalty/fees for unreasonable denial… Shea. [Read more…]
Indemnity reopen
No mutual mistake of fact, reopen denied… Shea. [Read more…]
Settlements
Plan I
Raymond Woods, ankle, 10/03, disputed, $25,000, stipulated judgment; Charla Tadlock for Woods, Kelly Wills for MCCF [Read more…]