SEX TREATMENT: Defendant not entitled to benefit of SB 547 because of kidnap conviction, DOC residential program not yet established, DOC discretion… habeas denied (Dayton affirmed)… opinion & order. [Read more…]
Sentencing, jury/prosecution/officer overtime costs
SENTENCING: Jury costs improperly imposed… counsel’s lack of objection to other costs not active acquiescence, costs of prosecution, officer overtime, public defender improperly imposed… Orzech/McLean reversed (IOR I-3(d)(v)). [Read more…]
$11,000 net verdict, FELA, slip & fall, rotator cuff
VERDICT: $11,000 net (90/10), FELA, slip & fall, rotator cuff. [Read more…]
Settlements
Plan I
Ken Kessner, low back/hip, 9/03, $2,000 for disputed adjustable bed, all other meds remain open, stipulated judgment; Thomas Murphy for Kessner, [Read more…]
Insurance, scaffold fall, defend/indemnify
INSURANCE: Subcontractor’s insurer had duty to defend general contractor as additional insured for subcontractor’s employee’s scissors lift fall, nondelegable duty under Scaffold Act not improperly delegated… indemnity provision not specific in intent to indemnify general contractor for liability for its own negligence, but subcontractor’s policy intended to cover general contractor for this type of incident, subcontractor’s insurer [Read more…]
Jury, ill juror, treating med-mal Defendant
JURY/PROCEDURE: Mistrial or new trial should have been granted when juror became ill during Plaintiff’s lawyer’s “channeling” of decedent and was attended by Defendant physician… Appellant Plaintiff properly ordered to provide entire transcript on appeal, not just juror issue part… [Read more…]
Real estate sale, “email contract” enforcement
REAL ESTATE SALE: Contract to sell ranch not established by emails between buyer and seller’s agent, no mutual consent, unsettled elements, no written words of consent/authority by agent, no partial performance by sale of tax-free exchange property, no grounds for equitable [Read more…]
Attempted delib homicide, post-Miranda silence
ATTEMPTED DELIBERATE HOMICIDE: Post-Miranda silence improperly used to imply guilt… conviction reversed on plain-error review, remanded for new trial…. J. Brown reversed. [Read more…]
Vehicular homicide under influence
VEHICULAR HOMICIDE UNDER INFLUENCE/ RESTITUTION: Jury properly instructed that Defendant must be both under the influence and criminally negligent… sufficient evidence beyond mere failure to yield to motorcycle in left turn… testimony satisfied restitution “affidavit” [Read more…]
Vehicular homicide under influence
VEHICULAR HOMICIDE UNDER INFLUENCE: Juror who expressed concern about even a little drinking but recognized law is superior to his feelings properly not excused for cause… no prejudice from video deposition of elusive witness who refused to attend trial… bailiff’s error in providing video equipment in jury room to view patrol car videos [Read more…]
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