REVOCATION: Reimposed sentence ending 2 years later than original does not constitute sentence greater than original… Knisely affirmed. [Read more…]
Deliberate homicide, security footage in jury room
DELIBERATE HOMICIDE: Security footage capturing Defendant placing large heavy object in truck following ex-girlfriend’s disappearance properly allowed into jury deliberations… conviction of killing her affirmed… Fehr affirmed. [Read more…]
Felony sexual assault, failure to instruct on age disparity
FELONY SEXUAL ASSAULT: Failure to instruct that age disparity was an element of the offense warrants reversal of conviction under plain error review… Cybulski reversed (memorandum). [Read more…]
New trial after $168,500 MVA verdict
NEW TRIAL granted following $168,500 MVA verdict due to Counsel suggesting that a judgment would be covered by insurance or the State rather than having to be paid by Defendant herself… Foreman’s affidavit disallowed… Laird. [Read more…]
$3,000 verdict, shopping cart pushed into Plaintiff
VERDICT: $3,000, shopping cart pushed into Plaintiff following altercation over Defendant shooting Plaintiff’s dog that was chasing his calf. [Read more…]
Defense verdict, intersection maintenance/design
VERDICT: Defense (State negligent in maintenance or design of intersection but not cause of injuries), pedestrian/auto, face, brain, hips/knees replacement… $232,500 settlement with County, settlement with driver for undisclosed amount. [Read more…]
CWA, golf course disposal of treated wastewater
CLEAN WATER ACT: Amended complaint naming golf course owner dismissed for failure to sufficiently identify alleged violation to allow for correction following Defense verdict for water & sewer district… Morris. [Read more…]
SSD, drug use, mental impairments
SSD: ALJ erred in considering Plaintiff’s drug use in conducting initial 5-step inquiry… determination of severity of mental impairments not supported by the evidence… Kelley reversed… Cavan. [Read more…]
Defense verdict, wrongful arrest
VERDICT: Defense, wrongful arrest. [Read more…]
Settlements
Plan I
Ronald Burchett, skull, right shoulder, neck, low back, 11/19, near Nye, Stillwater initiated all benefits due & owing, MMI achieved, impairment assigned, restrictions imposed, Petitioner returned to work, disputes as to ongoing medical care and ability to continue working, $100,000 for all claims, stipulated judgment; Greg Overturf for Burchett, Joe Maynard for Stillwater Mining [Read more…]
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