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…]