SENTENCING: Retroactive application of SORNA juvenile registration/reporting requirement via AG rule violates ex post facto (first impression in Circuits)… registration requirement vacated… Haddon reversed. [Read more…]
Sentencing, supervised release revocation
SENTENCING: 2003 amendment as to prison and supervised release that can be imposed following revocation of supervised release construed on first impression in 9th Circuit… 24 months imprisonment properly imposed upon 3rd revocation of firearms defendant’s supervised release, [Read more…]
Mediation timing
Dismissal without prejudice for Petitioner’s failure to complete mediation by notifying mediator whether recommendation accepted before filing petition, even though mediator notified 2 months later… Shea. [Read more…]
Settlements
Plan I
Diane Iverson, multiple, 2/07, $40,563, Richard Martin
Julianna Ackerman, shoulder(s), 10/07, $6,000, Stacy Tempel-St. John [Read more…]
Obesity discrimination, $368,240, RR applicant
DISABILITY DISCRIMINATION: $368,240 ($148,472 plus employment/offer or additional $241,128) for rejection of RR track laborer applicant for perceived disability (obesity) without IIA… Terry Spear. [Read more…]
Age discrimination, inadmissible FIR sanction
AGE DISCRIMINATION: No direct evidence of discrimination against fired salesman, “motivating factor” instruction properly rejected… patently inadmissible no-cause FIR improperly admitted as “sanction” for failure to object in limine as ordered (first impression)… defense verdict reversed, remanded for new trial… Harkin affirmed, reversed. [Read more…]
Attorney discipline, disability/inactive request
ATTORNEY DISCIPLINE: Lawyer must be transferred to disability/inactive status upon request pursuant to MRLDE 28F… order. [Read more…]
Marital, due process, support increase
MARITAL: Father afforded procedural due process as to supplemental financial information in support modification proceeding… sufficient evidence to support findings adopted verbatim from mother’s proposed findings… support properly raised from $225 to $837/mo… fees below, not on appeal… Lympus affirmed (IOR I-3(d)(v)). [Read more…]
Negligent vehicular assault, prosecutor conduct
NEGLIGENT VEHICULAR ASSAULT: Plain-error review of prosecutorial conduct declined… ineffective assistance claims for not objecting to Prosecutor’s comments more amenable to postconviction… Rice affirmed (IOR I-3(d)(v)). [Read more…]
Habitual traffic offender, mail notice
HABITUAL TRAFFIC OFFENDER: Mail notice of habitual offender status and license revocation satisfies procedural due process… Curtis affirmed (IOR I-3(d)). [Read more…]
- « Previous Page
- 1
- …
- 709
- 710
- 711
- 712
- 713
- …
- 760
- Next Page »