TIME SERVED: Remanded for additional 2,220 days credit in convoluted case… Seeley reversed. [Read more…]
Assault on officer, sua sponte ineffective assistance
ASSAULT ON OFFICER: Sua sponte finding of ineffective assistance without opportunity to be heard requires a new trial before a different judge… Wilson reversed (memorandum). [Read more…]
Rape/incest, time served in 3 counties
RAPE/INCEST: Time served in 3 counties improperly calculated… fines, surcharges, IT fees improperly imposed without evaluating ability to pay and merely because the length of Defendant’s sentence would give him time to pay… Gilbert affirmed (memorandum). [Read more…]
Insurance, Apex product, “employee ski day” injury
INSURANCE: Plaintiff injured during “employee ski day” who alleges that Apex product was “effectively useless” allowed to amend to add punitives and a restructured employer… Berger. [Read more…]
Federal income taxes, $400,000 judgment
FEDERAL INCOME TAXES: Challenge to $400,000 judgment rejected… Molloy affirmed (memorandum). [Read more…]
Settlements
Plan I
Kayla Knuckles, low back, 12/23, left shoulder, 6/24, FedEx Ground Package System, Billings, FedEx paid some benefits, disputes as to extent & nature of liability for ongoing indemnity and treatment, $35,000 new money for all claims, stipulated judgment; Greg Overturf for Knuckles, Jon Dyre for FedEx [Read more…]
Rule 11 sanctions, alleged “trafficking of little children”
RULE 11 SANCTIONS: $6,630.23 attorney properly awarded against husband’s attorney for accusing Standing Master of “trafficking of little children” by splitting parenting 60/40 and accusing wife’s attorney of representing Master… Ohman affirmed (memorandum). [Read more…]
Public road, 1915 curative statute properly applied
PUBLIC ROAD: 1915 curative statute properly applied to find that County abandoned road in 1916… Ruiz affirmed. [Read more…]
Double jeopardy, deliberate homicide retrial on remand
DOUBLE JEOPARDY not violated by prosecution for deliberate homicide by direct liability following reversal of conviction for erroneous submission of accountability theory… Mercer affirmed on petition by Defendant for supervisory control. [Read more…]
Sentencing, remanded to remove sting enhancement
SENTENCING: Remanded to remove sting enhancement… Order. [Read more…]
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