PROCEDURE: Service on Deputy City Attorney insufficient under Rule 4(k), no basis for equitable estoppel, complaint properly dismissed… H. Brown affirmed. [Read more…]
Real estate contract, changed construction details
REAL ESTATE CONTRACT enforceable despite changes in construction details, contained clear parameters for determining purchase price… deal fell through because of City resistance to PUD application, developer waived deadline for final agreement on floor plans & specifications and did [Read more…]
Elections, LR-119, Supreme Court judges by district
ELECTIONS: Reynolds’s order invalidating LR-119 (election of Supreme Court justices by district) affirmed on expedited appeal, opinion to follow… order. [Read more…]
Mootness, appeal where judgment satisfied
MOOTNESS jurisprudence where judgment has been satisfied clarified, only question is whether this Court can grant effective relief, depends on facts, posture, relief requested… issue (who was driving?) remains, payment to medical providers does not render Court unable to grant [Read more…]
Defamation, summary judgment on blog liability
DEFAMATION: Supervisory control of Larson’s summary judgment on liability of blogger who accused lawyer of lying to Court denied… order. [Read more…]
LLC, casino estate, rehearing petitions
LLC: Petitions for rehearing in casino estate case denied… order. [Read more…]
Assault on officer, hidden weapon
ASSAULT ON OFFICER: Sufficient evidence that officers had reasonable apprehension of serious injury by use of weapon even though they did not see shotgun Defendant held behind him until he dropped it in a chair… [Read more…]
Deliberate homicide, struggle over gun
DELIBERATE HOMICIDE: Evidentiary rulings in claimed accidental shooting in struggle over gun affirmed… “asked & answered” basis for overruling objection not abuse of discretion in exercising reasonable control over [Read more…]
DUI, “existing circumstances” (near collision)
DUI: “Existing circumstances” including report of near collision, vehicle and driver matching description, and driver appearing intoxicated outside camper trailer justified warrantless arrest per §46-6-311(1), license [Read more…]
PFMA, Miranda custody, prosecutorial comments
PFMA: Defendant not in custody at time of interaction with officers, Miranda not necessary, statements properly not suppressed… fair trial not violated by likening reasonable doubt to whether jurors would hire [Read more…]
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