SENTENCING: Sex offender registration properly imposed on burglary defendant who agreed to it in plea bargain subject to right to object… internet restriction limited to probationary period despite Judge’s statement that he would “never” have access… McLean affirmed. [Read more…]
DUI, HGN/PBT suppressed, BAC/video admitted
DUI: Defendant failed to suppress BAC test/video after HGN/PBT suppressed, but officer still had probable cause to arrest based on observations… Todd affirmed (IOR I-3(d)(v)). [Read more…]
Employment termination, disciplinary reasons
Claimant terminated from employment for disciplinary reasons, not injury… Shea. [Read more…]
Cost objections, CO exposure claimant
Objections to costs by CO claimant who prevailed only as to cognitive impairments mostly sustained… Shea. [Read more…]
Employee/contractor, emergency beds salesman
Equipment/right to fire factors dictate employee status of salesman… ICCU affirmed… Shea. [Read more…]
Settlements
Plan I
Maritza Liddiard, soft-tissue neck, 5/04, $47,000, Pattrick Fox
Shirley Braach, shoulder(s), 1/08, disputed, $40,000, Daniel Bidegaray [Read more…]
Insurance, comp exclusivity, corp by estoppel
INSURANCE: “Corporation by estoppel” properly not applied to avoid comp exclusivity as to injured garage door employee… CGL policy and endorsement do not provide coverage to company contracting with door company… whether agent received contract and knew it specified a [Read more…]
Firefighters, entry age limit constitutionality
FIREFIGHTERS: Constitutionality of entry age statute to be determined by judge, not jury, defense verdict vacated but no new trial or reinstatement of claims… age 34 for new firefighters unconstitutionally arbitrary, violative of equal protection… no damages since County relied in good [Read more…]
Incest, chambers exclusion, “grooming” expert
INCEST: Defendant’s exclusion from in-chambers voir dire structural error, conviction reversed, remanded for retrial… child abuse expert qualified, properly allowed to provide general information about “grooming”… prior sexual activity with stepdaughters properly [Read more…]
Evidence, hearsay “adoption,” criminal mischief
EVIDENCE: Criminal mischief Defendant did not adopt friend’s hearsay statement to officer as to intoxicated Defendant’s role in setting dumpster fire… conviction reversed, remanded for new trial… Deschamps reversed. [Read more…]
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