TAX DEED: Delinquent property owner’s personal check received by the Treasurer 1 day after the deadline substantially complied with redemption statutes… Harada reversed. [Read more…]
Judicial immunity, suit against JP by non-lawyer
JUDICIAL IMMUNITY: Suit against JP by non-lawyer attempting to represent DUI Defendant properly dismissed for failure to state a claim… Knisely affirmed. [Read more…]
Indian parental termination
INDIAN PARENTAL TERMINATION affirmed… Laird affirmed. [Read more…]
DUI, 21 days between appearance and probable cause
DUI: 21 days between initial appearance and probable cause hearing was reasonable… SCRAM improperly imposed as parole condition… $5,000 mandatory minimum fine improperly imposed without consideration of ability to pay… Whelan affirmed, reversed. [Read more…]
DUI, mandatory minimum custodial sentence
DUI: Mandatory minimum custodial sentence for 4th DUI not unconstitutional… Recht affirmed. [Read more…]
Multiple convictions, mischief, attempted burglary
MULTIPLE CONVICTIONS violated by separate conviction for criminal mischief underlying attempted burglary… Seeley reversed (memorandum). [Read more…]
Time served, 2,220 additional days credit
TIME SERVED: Remanded for additional 2,220 days credit in convoluted case… Seeley reversed. [Read more…]
Assault on officer, sua sponte ineffective assistance
ASSAULT ON OFFICER: Sua sponte finding of ineffective assistance without opportunity to be heard requires a new trial before a different judge… Wilson reversed (memorandum). [Read more…]
Rape/incest, time served in 3 counties
RAPE/INCEST: Time served in 3 counties improperly calculated… fines, surcharges, IT fees improperly imposed without evaluating ability to pay and merely because the length of Defendant’s sentence would give him time to pay… Gilbert affirmed (memorandum). [Read more…]
Insurance, Apex product, “employee ski day” injury
INSURANCE: Plaintiff injured during “employee ski day” who alleges that Apex product was “effectively useless” allowed to amend to add punitives and a restructured employer… Berger. [Read more…]
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