SUBDIVISION: Individuals and association have standing to challenge proposed subdivision… approval properly overturned [Read more…]
Arbitration, award modification, electric contract
ARBITRATION: No abuse of discretion in refusing to vacate or modify award finding breach of electric generating contract but [Read more…]
Utility taxes, assessment methodology
UTILITY TAXES: DOR properly used earnings-price ratios in direct capitalization approach… additional depreciation deductions not [Read more…]
Bar exam, UBE adoption
BAR EXAM: Comments invited on proposed adoption of adopt Uniform Bar Exam… order. [Read more…]
Rape, DNA interpretation “license,” other evidence
RAPE: Prosecutor may have taken some “license” in interpreting DNA testimony but no evidence that she “knowingly” presented [Read more…]
PFMA/procedure, conviction reversal, State appeal
PFMA/PROCEDURE: State not barred by double jeopardy from appeal of District Court reversal of JP Court conviction… sufficient [Read more…]
DUI, standard for challenging prior DUIs
DUI: Standard for challenging prior DUIs modified to give defendant heavy burden to establish, with affirmative evidence, [Read more…]
DUI, community caretaker, isolated road
DUI: Community caretaker doctrine properly applied to stop of vehicle on isolated road in early morning… Phillips affirmed (IOR [Read more…]
Ineffective assistance, late JP Court retrial
INEFFECTIVE ASSISTANCE: Counsel was ineffective in not moving for dismissal after 6 months following Justice Court mistrial, [Read more…]
Insurance/jurisdiction, unsettled choice of law
INSURANCE/JURISDICTION: Discretionary jurisdiction declined over declaratory indemnity action involving coverage dispute [Read more…]
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