FAILURE TO YIELD: Prosecutor not required to call other driver or MVA witnesses to satisfy Defendant’s confrontation right, officer’s testimony sufficient for conviction… Happe/Gilbert affirmed (IOR I-3(c)). [Read more…]
Theft, failure to refund purchase, criminal v. civil
THEFT: Failure to refund purchase price of canceled cooler sale properly pursued as criminal rather than civil… Happe/Gilbert affirmed (IOR I-3(c)). [Read more…]
Arbitration, police discharge
ARBITRATION: Arbitrator did not exceed authority in interpreting CBA to require progressive discipline of policeman before discharge… public policy not violated by requiring reinstatement… authority not exceeded by ordering expungement of fitness exam from personnel file… MacIntyre affirmed, Gilbert reversed. [Read more…]
Streambed, channel adjacent to river, irrigation
STREAMBED: Channel adjacent to river properly found to be natural waterway that may be used to transport irrigation water, not man-made irrigation ditch, ranch properly allowed to maintain… Swandal affirmed. [Read more…]