DUI: Particularized suspicion to stop vehicle stopped in road, making u-turn, notwithstanding claim that behavior due to texting… Larson affirmed (IOR I-3(d)(v)). [Read more…]
Appearance delay, DUI
APPEARANCE DELAY: No unnecessary delay between arrest and initial appearance of DUI Defendant… Dayton affirmed (IOR I-3(d)). [Read more…]
Assault with weapon (vehicle)/DUI, assistance
ASSAULT WITH WEAPON/DUI: Ineffective assistance claim rejected… vehicular assault Defendant’s father properly allowed to read from transcript of jail conversation between Defendant and father… McLean affirmed (IOR I-3(d)). [Read more…]
Attempted deliberate homicide, other weapons
ATTEMPTED DELIBERATE HOMICIDE: Any error in admitting numerous weapons/paraphernalia found in car harmless in light of Defendant’s admission that he shot into 3 moving vehicles with pistol affixed with laser and silencer… Langton affirmed (IOR I-3(c)). [Read more…]
Legal malpractice, duty to non-client beneficiaries
LEGAL MALPRACTICE: Attorney who prepared original trust documents for parents and discussed with parents amendments to benefit 3 of 5 children owed no duty to non-client potential beneficiaries (the 3 children) to see that amendments were executed… claim also time-barred… Gustafson. [Read more…]
Settlements
Plan I
Terry Ullom, knee, 12/78, disputed, $43,000, stipulated judgment; Chris [Read more…]
Probate, law of case, date-of-death valuation
PROBATE: Law of case of prior appeals requires distribution of land at $160,000 1992 date-of-death value, not $5 million current value… McKinnon reversed. [Read more…]
First refusal, mule bill of sale, damages, fees
FIRST REFUSAL RIGHT in mule bill of sale enforceable, but $7,064 compensatory damages for breach reduced to $700, $5,000 punitives and $7,679 fees stricken… Lympus affirmed, reversed (IOR I-3(c)). [Read more…]
Road easement, lake lots, residential/recreation
ROAD EASEMENT correctly found as to lake lot for year-round residential/recreation, incorrectly found as to adjacent lots for year-round residential… Lympus affirmed, reversed. [Read more…]
Minerals, sandstone, mineral reservation
MINERALS: Sandstone not a “mineral” per reservation… Watters affirmed. [Read more…]
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