RESTITUTION: Defendant who stole credit cards properly found accountable for missing SS cards but improperly ordered to pay restitution for LifeLock for victims… Brown affirmed, reversed. [Read more…]
Trespass/mischief, climate change vandalism
TRESPASS/MISCHIEF: Supervisory control of Boucher denied as to denial of defense of necessity in pipeline vandalism by climate change activist… order. [Read more…]
Attempted deliberate homicide, victim interview
ATTEMPTED DELIBERATE HOMICIDE: Defendant properly precluded from playing tape of police interview of alleged victim, transcript was sufficient for impeachment… jury properly instructed on mental disease/defect… convictions affirmed… J. Brown affirmed (IOR I-3(d)). [Read more…]
Insurance, grizzly maul victim, “temporary worker”
INSURANCE: Fact issues as to whether grizzly maul decedent was “temporary worker” or “employee” preclude summary judgment on duty to indemnify animal facility… because there is potential for coverage if victim is found to have been temporary worker, insurer has duty to defend against tort claims… findings & recommendation… Lynch. [Read more…]
Courts, Justice Court to District Court
COURTS: Claim of error in allowing amendment in District Court to add claim in residential lease dispute that had not been pled in not-of-record Justice Court not preserved… references to not-of-record Justice Court testimony not precluded in trial de novo, do not suggest that Judge was influenced by JP’s decision, [Read more…]
Probable cause, testimony v. affidavit
PROBABLE CAUSE: Testimony in support of information sufficient (actually encouraged), affidavit not required… Reynolds affirmed (IOR I-3(d)). [Read more…]
Sentencing, child pornography receipt
SENTENCING: 98 months for receipt of child pornography substantively reasonable, but remanded for reconsideration of lifetime supervision… special conditions affirmed except no [Read more…]
Plea withdrawal, deferral entitlement
PLEA WITHDRAWAL: No misrepresentation by Judge, Prosecutor, counsel that felony arson Defendant with prior felony was entitled to deferred sentence, no “good cause” for [Read more…]
Revocation, incorporation of PSI restriction
REVOCATION: PSI restriction on contact with youths properly incorporated by reference into sentence of statutory rape defendant, contact also restricted in divorce decree, Defendant properly revoked for contact with son… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]