DPHHS NEGLECT SUBSTANTIATION: ALJ’s Proposed Decision vindicating youth academy owner relating to teen’s suicide improperly replaced with “Final Order” by DPHHS Deputy Director that adopted Proposed Decision but added remarks that erased the owner’s vindication after being put through a “living hell”… Court declares that a request for Director review of an ALJ decision shall only be initiated by a party other than DPHHS in a child abuse & neglect case… Claimant entitled to attorney fees/costs under UDJA… McMahon. [Read more…]
SVOR, knowing failure to register
SVOR: Sufficient evidence that Defendant knowingly failed to register proper address, no prejudice by circumstantial instruction… Townsend affirmed (IOR I-3(c)). [Read more…]
Mental commitment, pre-prepared order
MENTAL COMMITMENT: Pre-prepared order signed at conclusion of hearing insufficient for commitment, Court declines to expand implied facts doctrine to affirm order that is beyond “bare-bones” and “spartan”… commitment reversed… Wheelis reversed. [Read more…]
Incest, 17-year-old consensual sex with father
INCEST: 17-year-old who had consensual sex with father not legally accountable for father’s incest, distrust instruction properly refused… corroborating evidence still required, and was offered… conviction affirmed… Dayton affirmed (other grounds). [Read more…]
DUI, 1999 validity
DUI: Claim of infirm 1999 DUI properly rejected… Pinski affirmed. [Read more…]
DUI, “reasonable” grounds to stop
DUI: Prosecutor’s comments that if Defendant was innocent she would have proven it by submitting to breath test improper but not sufficient to find plain error… conviction affirmed… Boucher affirmed. [Read more…]
DUI, Municipal Court bench trial, implied findings
DUI: Municipal Judge in criminal bench trial not required to issue written findings… sufficient implied findings to support conviction of Defendant found alone in car in alley with engine running over claim of necessity (shelter)… Wood/Seeley affirmed (IOR I-3(d)). [Read more…]
Restitution, PFMA victim’s mental treatment
RESTITUTION: Privacy/disclosure interests of PFMA victim’s mental treatment form should be balanced to determine if Defendant is entitled to review counseling costs… Herrington/H. Brown reversed. [Read more…]
PFMA, coaching by victim advocate, love texts
PFMA: New trial properly denied based on claim that girlfriend was coached by victim advocate and text messages from girlfriend were improperly excluded… H. Brown affirmed (IOR I-3(d)). [Read more…]
Sentencing, discharge date in excess of sentence
SENTENCING: Discharge date that falls year or more after end date of original 15 years for SIWC was due to Defendant’s conduct in repeatedly violating probation… Bidegaray affirmed (IOR I-3(d)). [Read more…]
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