UNFAIR LABOR PRACTICES: MBPA hearing examiner’s decision correctly held not eligible for judicial review under §§ 2-4-701 or 702(1)(a)… Ruiz affirmed. [Read more…]
City/County Health Board, Mayor full voting member
CITY/COUNTY HEALTH BOARD: Mayor properly found to be full voting member… Best affirmed. [Read more…]
Search & seizure, pills in bottle in pants cuff
SEARCH & SEIZURE: Suppression of pills found in bottle in pants cuff with other name on bottle during pat-down of driver stopped for suspected license properly denied… Simonton affirmed. [Read more…]
Plea withdrawal, counsel complaints, homicide
PLEA WITHDRAWAL: Deliberate homicide Defendant not provided adequate opportunity to explain complaints about counsel, remanded for adequate inquiry… Dayton reversed. [Read more…]
Speedy trial, conviction to sentencing
SPEEDY TRIAL: Constitutional right does not extend from conviction to sentencing, Mooney contrary holding overruled, although Defendant has due process right to be sentenced without unreasonable delay as well as statutory right (not asserted here) (1st impression)… 14 months delay from guilty plea to sentencing for bail jumping unacceptable but any prejudice speculative and not substantial… Krueger affirmed (other grounds). [Read more…]
Mental commitment, waiver of rights
MENTAL COMMITMENT: Statutory/due process rights violated by commitment without intentional/knowing waiver of procedural rights despite assurances by counsel and professional that person would enjoy community commitment… H. Brown reversed. [Read more…]
Assault, prior threats/conduct
ASSAULT: Alleged threats/conduct prior to charged assault properly allowed under transaction rule… conviction affirmed… Sullivan/Lympus affirmed. [Read more…]