CRIMINAL ENDANGERMENT: Plain error review declined on claim that Prosecutor breached implied covenant as to recommendation that Defendant pay financial obligations… restitution for victim’s expenses for attending all court proceedings affirmed…. Cuffe affirmed (memorandum). [Read more…]
DUI, ability to pay mandatory minimum following Cole
DUI: Remanded for further consideration of ability to pay mandatory minimum fine in light of subsequent Cole… Allison reversed (memorandum). [Read more…]
Rehearing on phone search harmless error denied
REHEARING denied on conclusion that search of phone was overbroad and unparticularized but harmless… Order. [Read more…]
Firearm by felon, challenge to search warrants
FIREARM BY FELON: Convictions affirmed over challenge to search warrants… Molloy affirmed (memorandum). [Read more…]
Landlord-tenant, eviction, forged lease/option
LANDLORD-TENANT: Claims involving eviction, forged lease/option, and personal property left after eviction properly resolved against tenants based on claim preclusion… time for protracted litigation by usurpers after mother’s 5/21 death to end… Cuffe affirmed (memorandum). [Read more…]
Marital, wife ordered to vacate husband’s residence
MARITAL: Wife properly ordered to vacate residence awarded to husband under MPSA in Order construed as appealable contempt order… pro se wife granted out-of-time appeal after timely filing notice in District Court but not contemporaneously in Supreme Court… Ohman affirmed (memorandum). [Read more…]
Utility dispute, judge succession by invitation
UTILITY DISPUTE: Snipes Ruiz properly assumed jurisdiction upon Recht’s invitation… NWE’s motion to dismiss properly deemed well taken for Plaintiff’s failure to respond… joinder of suspended lawyer properly denied as untimely pursuant to scheduling order… Snipes Ruiz affirmed (memorandum). [Read more…]
Property line dispute, Order of Protection
PROPERTY LINE: Order of Protection involving feuding neighbors properly amended on Plaintiff’s motion following a hearing at which Defendant did not attend or object to the post-hearing amendment procedure… Larson affirmed (memorandum). [Read more…]
Felony murder, shooting/arson death
FELONY MURDER: Conviction based on assault with a weapon by co-Defendant affirmed over claim of no evidence of agreement or knowledge of co-Defendant’s intention in shooting and arson… Rieger affirmed. [Read more…]
Indecent exposure, felony v. lesser-included misdemeanor
INDECENT EXPOSURE: Felony conviction for victim under 16 affirmed over claim that lesser-included misdemeanor should be applied… bail jumping challenge properly rejected… Seeley affirmed (memorandum). [Read more…]
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