DRUGS: Presumption of deferred imposition for first possession by obstreperous Defendant properly overcome but fees & costs not imposed in pronouncement improperly imposed in judgment… Cuffe affirmed, reversed (memorandum). [Read more…]
Defense verdict, pseudo seizures, MRI anxiety attack
VERDICT: Defense, hospital negligence, claimed PTSD, increased pseudo seizures, and other associated symptoms following anxiety attack in MRI machine. [Read more…]
Insurance, leveraging, settlement of UIM and MP
INSURANCE: Leveraging and other UTPA claims based on settlement of UIM and MP claims without insured sending back signed release properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Virginia Stevens, foot, 5/22, disputed, $4,000, Leslae Dalpiaz [Read more…]
Jail negligence, inmate who died from DTs
JAIL NEGLIGENCE claims by Estate of inmate who died of DTs not precluded by HRB findings of no race or alcohol disability discrimination… fact issues remain as to liability of Counties… Cuffe reversed, affirmed. [Read more…]
Subdivision MOU, street dispute
SUBDIVISION MOU street provisions properly construed but fact issues remain as to whether a majority of a quorum of the Town Council approved it… Laird affirmed, reversed. [Read more…]
Marital, medical equipment company valuation
MARITAL: Medical equipment company properly valued at time of 2014 trial ($2.2 million), improperly revalued to 2017 date of Decree pursuant to wife’s Rule 60 motion after selling for $24.5 million… Brown reversed (memorandum). [Read more…]
Judge substitution, scrivener’s error as to Judge
JUDGE SUBSTITUTION: Supervisory control of McMahon granted reversing refusal to accept Defendant’s motion to substitute which referenced “Michael Menahan” rather than “Michael McMahon” due to scrivener’s error… order. [Read more…]
Bail jumping, “without lawful excuse” for absence
BAIL JUMPING: Conviction affirmed over challenge to Prosecutor’s definition of “without lawful excuse” for not appearing as “an order from a court”… Harris affirmed (memorandum). [Read more…]
Jury selection, jury notice “non-responders,”
JURY SELECTION: Deliberate homicide Defendant’s post-verdict challenge to jury selection process for Clerk and Sheriff not pursuing “non-responders” including thousands of phantoms on Court Administrator’s list rejected… Wilson. [Read more…]
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