DRUGS: No probable cause for persistent Deputy to search defiant driver’s purse after expired registration stop… meth should have been suppressed… Lint reversed. [Read more…]
MVA assault, high-speed wreck
MVA ASSAULT: High-speed collision properly found reckless… Morris affirmed (memorandum). [Read more…]
Defamation, $1.5 million verdict, housing ED
DEFAMATION: $1.5 million verdict for housing authority ED affirmed over complex hearsay issues involving newspaper articles… attorney fees for counterclaim against ED properly denied… Eddy affirmed. [Read more…]
Residential defects claims against City barred by repose
RESIDENTIAL DEFECTS: Claims against City precluded by statute of repose… Gilbert affirmed. [Read more…]
Family LLC, withdrawing member
FAMILY LLC properly converted from 30 years to perpetual by 67% supermajority vote without participation by withdrawing member… LLC properly joined as a defendant… $4,410 fees improperly awarded to hybrid LLC expert designated by both parties… Gilbert affirmed, reversed. [Read more…]
Mental commitment, unqualified professional evaluator
MENTAL COMMITMENT: Dismissal of petition due to State’s failure to provide timely evaluation by qualified professional improperly denied… Larson reversed. [Read more…]
Water, Beaver Creek distribution reversed
WATER: Beaver Creek water distribution reversed… McMahon reversed. [Read more…]
Drugs, investigation into possible trespass of vehicle
DRUGS: Officers investigating possible trespass of vehicle parked outside casino properly arrested occupant based on dispatch report of warrant… suppression of meth found in pocket properly rejected… Coffman affirmed. [Read more…]
Deliberate homicide, failure to give mitigated instruction
DELIBERATE HOMICIDE: Plain error review declined as to failure in bench trial to sua sponte give lesser-included instruction for mitigated deliberate homicide… Moses affirmed. [Read more…]
DUI, driver who fled single-vehicle accident
DUI: Driver who fled single-vehicle accident was properly arrested at his home and convicted of driving under the influence of Dust-Off… McElyea affirmed. [Read more…]
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