BENCH JUDGMENT: Road built in subdivision annexed to City superior to old road but obstructed & obliterated easements, subdividers required to rebuild to accommodate vehicles of [Read more…]
Sentencing, bankruptcy fraud/false bank statement
SENTENCING: En banc rehearing of Panel decision affirming Molloy’s sentence of no prison for bankruptcy fraud/false statement to bank denied. [Read more…]
Sentencing, credit union BB-gun robber
SENTENCING: Credit union robber properly found to have “otherwise used” a BB-gun rather than merely “brandished” it, sentence correctly enhanced by 4 rather than 3… properly enhanced by 2 for “sustained focus” of gun on employee… [Read more…]
Assault, home self-defense
ASSAULT: Standard instruction on self-defense adequate for home incident, additional instruction emphasizing home self-defense not required by recent Supreme Court decisions… [Read more…]
Settlements
Insurance, bifurcation, tortfeasor/UIM
INSURANCE: Supervisory control of ruling by Lympus bifurcating claims against alleged tortfeasor and Plaintiff’s UIM insurers denied… order. [Read more…]
Stay pending appeal, obese RR applicant, bond
STAY PENDING APPEAL of Sherlock’s order enforcing $368,240 HRC judgment for obese track laborer applicant now proper upon RR posting $555,191 bond, offering to pay living [Read more…]
Discovery, doctor employment claim
DISCOVERY: Supervisory control denied in doctor’s claim of denial of opportunity to conduct discovery and requirement to pay half of discovery master, but Harkin urged to expedite [Read more…]
Slander/open meeting, irrigation district manager
SLANDER/OPEN MEETING claims by irrigation district manager against Board and members correctly rejected… Spaulding affirmed (IOR I-3(c)). [Read more…]
Vindictive prosecution, threat following mistrial
VINDICTIVE PROSECUTION: Threat of 4-fold increase in punishment by charging assault with weapon following [Read more…]
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