SIWC: Failure of Court and parties to recognize that 2019 amendment increasing mandatory parole ineligibility from 10 to 25 years was not yet in effect during charged conduct requires reversal under sua sponte plain error review… Davies reversed (memorandum). [Read more…]
Restitution, burglar’s 8th challenge
RESTITUTION: Burglar’s 8th challenge to 2010 $92,564.58 restitution award (reduced to zero due to lack of evidence at recent hearing) rejected… Kutzman affirmed (memorandum). [Read more…]
Jury selection
JURY: Challenge to jury selection process based on 2 people listed on panel who had moved from the County properly rejected without a hearing but taking judicial notice of Kutzman’s findings & conclusions in another case… Best affirmed. [Read more…]
Mental commitment, unqualified professional evaluator
MENTAL COMMITMENT: Dismissal of petition due to State’s failure to provide timely evaluation by qualified professional improperly denied… Larson reversed. [Read more…]
Restitution, stolen silver
RESTITUTION for stolen silver properly assessed against Defendant over objection to value… Recht affirmed (memorandum). [Read more…]
Plea agreement, inadequate deportation advisement
PLEA AGREEMENT: Plain error review of claim of inadequate advisement that guilty plea would result in deportation declined… McElyea affirmed. [Read more…]
Deliberate homicide, jail informants, prosecutor conduct
DELIBERATE HOMICIDE: Double murder and solicitation to kill witness convictions affirmed over challenge to use of jail informants and alleged prosecutorial misconduct… Wheelis affirmed. [Read more…]
Insurance, sexual assault claims exclusions
INSURANCE: Coverage of sexual assault/harassment claims precluded by Willful & Malicious Act and Business Pursuits exclusions in Homeowners and Personal Liability Umbrella policies, insurer had no duty to defend alleged assailant against claims that resulted in $1.1 million State Court judgment… Molloy reversed (memorandum). [Read more…]
Insurance, sexual assault of tenant by property manager
INSURANCE: Homeowners and umbrella policies potentially covered alleged sexual assaults of tenant by property manager, implicating duty to defend, insurer’s unilateral gamble that they did not results in its liability for $1.1 million state court judgment… Molloy. [Read more…]