PFMA: Convictions affirmed without prejudice to pursue postconviction relief as to alleged ineffective assistance… Menahan affirmed (memorandum). [Read more…]
Defense verdict, motorcycle/truck
VERDICT: Defense, motorcycle crash into U-turning truck. [Read more…]
Drag Story Hour, preliminary injunction against HB 359
DRAG STORY HOUR: Preliminary injunction against HB 359 affirmed… Morris affirmed. [Read more…]
Low-income housing partnership, valuation appraisal
LOW-INCOME HOUSING LP appraised with discounted cash flow methodology at $640,000 rather than Defendant’s sale value method at $3,953,124… Morris. [Read more…]
Negligence, 3-vehicle icy road crash, spoliation, experts
NEGLIGENCE: Summary judgment improperly granted to Defendant in 3-vehicle icy road crash… default judgment properly denied for spoliation of truck’s speed data… no abuse of discretion in denying Plaintiff’s motion to compel and granting Defendant a protective order regarding expert qualifications… remanded for trial… Cybulski affirmed, reversed. [Read more…]
Residential defects claims against City, rehearing denied
REHEARING of holding that residential defects claims against City are precluded by statute of repose denied… Order. [Read more…]
Parenting, insufficient evidence of sex abuse risk
PARENTING: No clear error in finding insufficient evidence that husband posed a sex abuse risk to minor daughter and in reinstating unsupervised parenting time… No plain error in presiding over the show cause hearing via Zoom when Judge was too ill to travel… Abbott affirmed. [Read more…]
Rape/kidnap/robbery, repeated use of “victim”
RAPE/KIDNAP/ROBBERY: Defendant deprived of fair trial by repeated use of “victim” in reference to complaining witness and by admission of his request to his girlfriend that she “wipe” his phone… conviction reversed, remanded for a new trial… Marks reversed. [Read more…]
Postconviction, killed one deputy, injured another
POSTCONVICTION claims of ineffective assistance in defending Defendant convicted of killing one deputy and wounding another in 2003 properly rejected without an evidentiary hearing… Olson affirmed. [Read more…]
Deliberate homicide, $72,000 restitution for lost profits
DELIBERATE HOMICIDE conviction affirmed over challenge to denial of counsel substitution and incentivized co-defendant instruction… $72,000 restitution for loss of profits to family business not supported… Harris affirmed, reversed. [Read more…]
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