DUI: Stop warranted by failure to yield… video v. officer… Bidegaray affirmed (IOR I-3(c)). [Read more…]
Excessive force, shooting death of fleeing suspect
EXCESSIVE FORCE: Even if a jury could find officer shooting suspect fleeing in patrol car was not objectively reasonable because he was not a threat at the time he was shot and killed, Supreme Court law compels conclusion that the law on deadly force against fleeing vehicles was not clearly established, officer entitled to qualified immunity… “In my view, this case should be tried to a jury. However, in light of our Supreme Court cases on deadly force in car chases it won’t be.”… summary judgment for officer and City… Molloy. [Read more…]
DUI, blood withdrawal, rack & pinion
DUI: Warrant for blood draw properly based on probable cause, not prior BAC test refusal or alcohol dissipation… privacy, rack & pinion challenges rejected… Todd affirmed. [Read more…]
Conspiracy, $25 million suit retribution claim
CONSPIRACY/BLACKLISTING claims pertaining to employment, interference with businesses, prima facie tort as alleged retribution for $25 million environmental suit settlement fail for lack of showing of unlawful or wrongful acts… Day affirmed (IOR I-3(d)). [Read more…]
DUI, “ambiguous” Alaska felony enhancement
DUI: 1991 Alaska conviction properly used to enhance DUI to felony over request for lenity based on ambiguity as to whether it was DUI or BAC… Gustafson affirmed (IOR (I)-3)(d)). [Read more…]
Jury, waiver by failure to appear at conference
JURY: Failure of DUI Defendant and lawyer to appear at pretrial conference (miscalendared by lawyer) despite multiple warnings in multiple continuance orders waived right to jury… Herman/Baugh affirmed. [Read more…]
DUI, prior in absentia DUI
DUI: 1994 DUI infirm because JP allowed counsel to withdraw and convicted in absentia, remanded for re-sentencing of 4th [Read more…]
Road access, old truck trail, Reservation
ROAD ACCESS: Claims of adverse possession to, lack of jurisdiction over, old truck trail across non-member fee land [Read more…]
Bail, double for DUI appeal from Justice Court
BAIL: Supervisory control of Herman challenging double bond for appeal of DUI conviction to District Court denied… order. [Read more…]
Partnership, receiver, vacate premises
PARTNERSHIP: Receiver properly appointed to operate resort, Plaintiffs properly ordered to vacate premises… Jones affirmed (IOR I-3(d)(v)). [Read more…]