DUI: Particularized suspicion to stop vehicle with unlit tail lights and erratic driving. . . jury waived by failure to appear at confirmation hearing. . . lab analyst properly disclosed, allowed to testify by video. . . conviction affirmed. . . Cantin/Gilbert affirmed (IOR I-3(c)). [Read more…]
DUI, Intoxilyzer certification testimony
DUI: Testimony about Intoxilyzer certification properly allowed from deputy who had not personally performed the certifications. . . Cantin/Gilbert affirmed (IOR I-3(c)). [Read more…]
Grandparent visitation, mother’s fitness
GRANDPARENT VISITATION improperly awarded without specific consideration of mother’s fitness and finding that presumption in favor of mother’s wishes had been rebutted. . . Oldenburg reversed. [Read more…]
Restaurant lease, anticipatory breach
RESTAURANT LEASE: Lessor anticipatorily breached by imposing impossible new terms as to noise & odors and by giving default notice prior to end of lease term… restaurant did not breach as it attempted to alleviate residential tenants’ complaints… $88,567.25 damages, $43,409.25 attorney fees… J. Brown affirmed. [Read more…]