ROAD EASEMENT: Road properly found to be private due to lack of public road by petition or prescriptive easement… Gilbert affirmed. [Read more…]
Water, beneficial use permit, Rock Creek Mine
WATER: Beneficial water use permit related to Rock Creek Mine improperly reversed… DNRC affirmed, Seeley reversed. [Read more…]
Aggravated sex abuse, minor girls
AGGRAVATED SEX ABUSE: Sufficient evidence to convict Defendant of rape years earlier when girls were 12 or 13… bill of particulars properly denied following disclosure of entire file… Morris affirmed (unpublished). [Read more…]
Sentencing, sex offender release conditions
SENTENCING: Release conditions for failure to register as sex offender affirmed, vacated… Molloy affirmed, reversed (unpublished) [Read more…]
Revocation, lifetime supervision reimposition
REVOCATION: Lifetime supervised release upon revocation of initial supervised release not barred by §3583(h) even when accompanied by prison term… Molloy affirmed. [Read more…]
Sentencing, no association with own daughters
SENTENCING: Defendant who attempted sex with 16-year old improperly barred upon supervised release from association with his daughters absent individualized review and explicit findings supported by evidence that conditions necessary for deterrence, [Read more…]