THEFT: State not required to prove that pawner knew welder was stolen pursuant to §45-6-301(1)… H. Brown affirmed. [Read more…]
Drugs, probation evidence
DRUGS: Evidence of Defendant’s probation intervention hearing/sanctions improperly admitted without Just notice… possession conviction reversed, remanded for new trial… Fagg reversed. [Read more…]
Speedy trial, Ariegwe analysis, dismissal
SPEEDY TRIAL: Most of 432 days from arrest properly attributed to State… dismissal properly granted despite incomplete Ariegwe analysis, calculation errors… Fagg affirmed. [Read more…]
PFMA, victim’s motive, battered woman expert
PFMA: Evidence to prove victim’s motive and impeach her properly limited… “battered woman” expert properly allowed to testify generally as to dynamics of abusive relationships and why abused person might not seek help, even though no recantation… conviction affirmed… Carson/H. Brown affirmed. [Read more…]
DUI, slow driving/drifting
DUI: Totality of evidence, not just video, supports particularized suspicion for stop based on slow driving, drifting… McKeon affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, “physical restraint” enhancement
SENTENCING: “Physical restraint” enhancement properly applied to assault convictions… weapons enhancement properly applied to defendant who never held knife wielded by other defendant… Haddon affirmed. [Read more…]
Plea withdrawal, SORNA v. Commerce Clause
PLEA WITHDRAWAL: District court decision from another circuit finding SORNA violative of Commerce Clause not “fair & just” reason to allow sex registration Defendant to withdraw guilty plea… Cebull affirmed. [Read more…]
Arbitration, shortline interchange agreement
ARBITRATION award allowing BN to terminate shortline interchange agreement and base future pay pursuant to Rule 11 arrangement rather than per-car as under terminated agreement confirmed… Strong. [Read more…]
Discovery, waiver of objections
DISCOVERY: Defendant waived objections by not timely & properly stating objections, untimely privilege log insufficient, claimed (disputed) oral stipulation to extension not permitted by Rules… counterclaims not dismissed as sanction… Ostby. [Read more…]
Settlements
Plan I
Gary Ostermiller, vertebrae, 12/06, $15,000, Russell Plath
Leslye Reimer, wrist(s)/hand(s), 6/08, total, $5,000, Charla Tadlock [Read more…]
- « Previous Page
- 1
- …
- 716
- 717
- 718
- 719
- 720
- …
- 760
- Next Page »