HARASSING CALLS to FBI’s Threat Center and Speaker of the House convictions affirmed… Watters affirmed (memorandum). [Read more…]
Parenting, miner’s rotating work schedule
PARENTING: Miner’s rotating work schedule properly found not in best interests of children… Knisely affirmed (memorandum). [Read more…]
Marital, disproportionate share to wife, un-pled fees
MARITAL: Wife properly awarded disproportionate share of property in light of husband’s greater earning potential and wife’s substantial contributions, wife properly awarded half the fees & costs husband paid to his attorney out of the estate despite wife not pleading them… Harris affirmed (memorandum). [Read more…]
Marital, contempt motion to enforce settlement
MARITAL: Contempt order which also ordered division of disputed annuity properly before the Court on direct appeal… Judge erred in concluding that annuity was mistakenly omitted from settlement agreement… husband entitled to fees/costs for attempting to enforce agreement by contempt motion… Davies reversed. [Read more…]
Marital, contempt motion to enforce settlement
MARITAL: Contempt order which also ordered division of disputed annuity properly before the Court on direct appeal… Judge erred in concluding that annuity was mistakenly omitted from settlement agreement… husband entitled to fees/costs for attempting to enforce agreement by contempt motion… Davies reversed. [Read more…]
Jury contact, girlfriend denunciation of Defendant
JURY CONTACT: Claim that jurors overheard theft/firearms Defendant’s ex-girlfriend loudly denouncing him based on testimony of co-defendant’s mother properly rejected following evidentiary hearing on remand… jury questionnaire properly submitted in lieu of recalling for questioning or allowing Defendant to contact jurors years after the trial… Judge recusal for bias and partiality properly denied… no error in excluding Defendant from pre-hearing telephonic conferences even if one was deemed “critical stage”… reversal not required by routine discarding of surveillance videos… Nielsen affirmed. [Read more…]
Search & seizure, adult daughter’s bedroom
SEARCH & SEIZURE: Mother lacked authority to consent to search of adult daughter’s bedroom which daughter shared with boyfriend who possessed guns, boyfriend’s probation status not basis for search as he had been kicked out day before, evidence suppressed as to daughter’s charge of possession of stolen firearms… boyfriend had no expectation of privacy, evidence not suppressed as to his charge of felon in possession and possession of stolen firearms… Watters. [Read more…]
Firearms, alleged jury taint, pro per claims
FIREARMS: New-trial hearing required on claim that ex-girlfriend loudly proclaimed before jurors in lobby Defendant’s criminal past, bad behavior, willingness to do anything for money… pro per and other claims properly rejected… Nielsen affirmed, reversed (unpublished). [Read more…]
Continuance, procedures
CONTINUANCE: Motion for continuance to retain investigator not well-grounded in fact or law, appears to be only for delay, denied… procedure for filing motion ex parte not followed, motion & brief will remain in public record… Molloy. [Read more…]