DOUBLE JEOPARDY not violated by charging dizzy MVA driver with DUI following toxicology report indicating meds in blood after driver had pled guilty and been sentenced 4 months earlier for careless driving… McMahon affirmed (other grounds). [Read more…]
Mining, trespass/conversion, waste salvage
MINING: Trespass/conversion claims relating to removal of waste with now-viable gold deposits improperly rejected on summary judgment… Reynolds reversed. [Read more…]
DUI, observation v. video, wrong statute
DUI: Observation of driving given deference over video, citation to wrong statute not relevant to particularized suspicion… Gilbert affirmed (IOR I-3(d)). [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…]