SPEEDY TRIAL/INEFFECTIVE ASSISTANCE/ PROSECUTORIAL MISCONDUCT: Speedy trial claim properly denied (308 of 507 days attributed to Defendant’s continuances, analysis despite waiver since trial not held as re-set)… no error in not holding effective assistance [Read more…]
Search/seizure, protective sweep, hotel room
SEARCH & SEIZURE: Protective sweep of hotel room following arrest of person being sought reasonable to ensure safety at scene, marijuana/pipe in plain view, subsequent admission of meth possession by girlfriend of suspect did not stem from evidence obtained by [Read more…]
Sentencing, alcohol conditions, sex assault
SENTENCING: Alcohol conditions improperly imposed on sexual assault defendant… Jones reversed. [Read more…]
Restitution, testimony at hearing, “documentation,”
RESTITUTION properly based in part on testimony at hearing, embezzlement Defendant given adequate opportunity to respond to last-minute loss claims, “documentation” not required under 2003 law, victim’s cash-flow analysis proper… $30,000 (amount Defendant can [Read more…]
§39-71-520(2) time limits for UEF petition
§39-71-520(2) unconstitutionally vague as to time limits for UEF petition, motion to dismiss denied… Shea.
Shelly Weidow was injured 6/13/06. UEF denied liability. The DLI mediator [Read more…]
Settlements
Plan I
Richard Daniels, 5 claims 8/98-11/99, $50,000 including $31,996 MMSA, stipulated judgment; Leslae Dalpiaz for Daniels, Marlene McCluskey (MSGIA)
Anna Clark, multiple, 9/07, $33,824, Charla Tadlock [Read more…]
Hospital/radiologist contract, injunction
HOSPITAL/RADIOLOGIST CONTRACT: Preliminary injunction against hospital properly granted in reappointment dispute… Newman affirmed.
Jesse Cole has been a radiologist at St. James since 1996. Bylaws require [Read more…]
Game farms, I-143 fee shooting termination, taking
GAME FARMS: I-143 termination of fee shooting upheld over regulatory takings claims… Rice affirmed. [Read more…]
Game farms, I-143 taking, severance/venue, jury
GAME FARMS: Plaintiffs with different I-143 claims properly not severed, venue properly changed from Blaine to L&C… liability properly determined by Judge rather than jury… federal analysis properly applied to regulatory takings claims… categorical/regulatory takings claims [Read more…]
Property, implied easement by pre-existing use
PROPERTY: Implied easement by pre-existing use via FS road… easement which originally involved logging now permits harvesting rock… conclusion that rock harvesting not a nuisance not supported by findings, remanded for findings… McNeil affirmed, reversed. [Read more…]