SENTENCING: Firearms improperly ordered sold to pay jail costs… Huss reversed. [Read more…]
Order of protection, successive interrupted calls
ORDER OF PROTECTION: 4 successive calls from jail properly charged as 4 counts over argument that they were continuation of interrupted calls… Simonton affirmed. [Read more…]
Plea withdrawal, discretionary parole restriction
PLEA WITHDRAWAL: Voluntariness of plea not affected by lack of awareness of potential discretionary parole restriction… Langton affirmed (IOR I-3(d)). [Read more…]
DUI, toxicologist testimony by 2-way video
DUI: Testimony by toxicologist by 2-way video without finding of necessity harmless error in light of other testimony.. Macek affirmed (IOR I-3(d)). [Read more…]
DUI, balance tests “coercion,” ear condition
DUI: No evidence that will was overborne or capacity for self-determination critically impaired by “coercing” Defendant to take balance tests despite claimed ear condition, felony DUI affirmed… sentences for no insurance or registration exceeded statutory mandates… Fagg affirmed, reversed (IOR I-3(d)). [Read more…]
DUI, disabled vehicle
DUI: Instruction from prior opinion that “it does not matter that the vehicle is incapable of moving” rejected, totality of circumstances test for “actual physical control” of disabled [Read more…]
Work comp bad faith, class certification
WORK COMP BAD FAITH/CLASS CERTIFICATION: Malice/punitives claims not fact intensive as to individual class members (unlike fraud claims), properly included in class action… class properly defined… Krueger affirmed. [Read more…]
Arbitration, ambiguities, mutual intent
ARBITRATION provision in assisted living facility agreement unenforceable due to ambiguities, lack of mutual intent… Sandefur affirmed. [Read more…]
Job termination, injury v. RIF/restructure
Petitioner terminated due to RIF/restructure, not injury, chose not to apply for other positions for which she was qualified, not entitled to TTD, additional PPD, fees/costs/penalty… Shea. [Read more…]
“Casual employment,” vacation home v. “business”
Use of purported vacation home for tax purposes part of usual course of business, Claimant’s carpentry work not “casual employment,” not exempt from comp… UEF liable for [Read more…]