DUI: Felony conviction affirmed over challenge by pro se Defendant found intoxicated in single-vehicle MVA who chose not to testify to not being allowed to make statements in closing not made under oath at trial… Wilson affirmed. [Read more…]
Defense verdict, failure to timely diagnose cholecystitis
VERDICT: Defense, med-mal, alleged failure to timely diagnose acute cholecystitis. [Read more…]
SSD, limitations in concentration, persistence, pace
SSD: ALJ erred in downgrading Plaintiff’s limitations in maintaining concentration, persistence, pace… Kelley/Johnston reversed (memorandum). [Read more…]
Settlements
Plan I
Mavis Redden, wrist, 10/08, low back, 11/20, finger, 2/11, finger, 9/13, upper leg, 8/16, finger, 2/20, finger, 11/20, head, neck, knee, arms, low back, 7/21, Billings, MHN initiated benefits, disputes as to ongoing medical, ability to continue working, Petitioner desires to control her care, $80,000 for all claims, stipulated judgment; Miranda Dalpiaz for Redden, Joe Maynard for MHN [Read more…]
Order of protection, harassment of family law attorney
ORDER OF PROTECTION: 10-year POP properly issued for campaign of harassment against family law attorney… Sullivan/Allison affirmed. [Read more…]
Marital, property, maintenance, fees
MARITAL: Summary judgment apportionment of property properly denied… distribution of the estate and denial of maintenance and attorney fees affirmed… Berger affirmed (memorandum). [Read more…]
Marital, property, sanctions for non-disclosure
MARITAL: Property properly valued and distributed including valuing Idaho home based on sale price as sanction for not disclosing it… Whelan affirmed (memorandum). [Read more…]
DUI, 4th & 5th, 2021 enhancement
DUI: Sentence for 5th DUI improperly imposed under 2021 amendment when contemporaneously sentencing for 4th and 5th DUIs… Larson reversed. [Read more…]
Tampering with blood evidence
TAMPERING: Jury erroneously instructed to convict based on “knowingly” rather than “purposely” tampering with blood evidence but error was harmless… Kutzman affirmed. [Read more…]
Revocation, clerical error dismissal of case
REVOCATION: Court correctly corrected prior Judge’s clerical error which dismissed case with prejudice rather than only dismissing first revocation as State intended… clerical errors v. judicial errors explicated… Grubich affirmed. [Read more…]
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