Petitioner not at MMI, not PTD… Shea.
Anthony Hale, 25, hurt his leg & ankle while loading boxes onto a truck in 1/06. Liberty accepted liability. He had ongoing pain and [Read more…]
Settlements
Gas, “double-cross,” 25-year judgment delay
GAS: Claims of conspiracy/double-cross as evidenced by unexplained 25 years between trial and judgment not appealable… McPhillips affirmed (IOR I-3(d)(v)). [Read more…]
Road easement, permissive v. hostile
ROAD EASEMENT: Use began as permissive, became hostile, but hostile use did not last 5 years, prescriptive right correctly denied… Stadler (IOR I-3(d)(v)). [Read more…]
Marital, common law marriage
MARITAL: Common law marriage correctly found… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
Drugs, critical stage clarification
DRUGS: Probation search of vehicle lawful… due process argument based on Art. II §17 v. federal law as to 6-months delay in discovery of patrol car video not preserved for [Read more…]
Plea withdrawal, “actual innocence” exception
PLEA WITHDRAWAL: “Steep hurdle” required to meet “actual innocence” exception to 1-year bar for plea withdrawal (1st impression of 2003 amendment)… Defendant failed to satisfy exception, withdrawal properly denied… Haynes affirmed. [Read more…]
Prosecutorial misconduct
PROSECUTORIAL MISCONDUCT: No misconduct in cross-examining Defendant as to attorney-client communications first raised by Defendant, reference to communications during exploration of inconsistent versions of incident did not [Read more…]
SVORA, retroactivity notice
SVORA: Defendant had notice of retroactive registration requirement based in part on call from officer… vagueness challenge not addressed on appeal… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]
SVORA, deviate sex conduct
SVORA: Registration not required for deviate sexual conduct… Christopher reversed… order. [Read more…]
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