PROBATE: Rehearing denied of Opinion affirming order by Moses probating will… order. [Read more…]
Probate, POD beneficiaries’ “creditor’s claim”
PROBATE: Claim by decedent’s siblings for $100,371.75 POD funds properly allowed as creditor’s claim over challenge by estranged daughter… undue influence by neighbors, competing wills, right to jury, appointment of independent PR… 10% “legal rate” interest improperly awarded on creditor’s claim… Moses affirmed, reversed (IOR I-3(c)). [Read more…]
Robbery, evidence found in residence and truck
ROBBERY: Evidence found in residence and truck while in custody and after release from custody properly admitted… cell phone location records admitted in case-in-chief without phone company foundation harmless error… conviction affirmed… H. Brown affirmed. [Read more…]
Conservatorship, waste/dissipation of assets
CONSERVATORSHIP/PROCEDURE: “Directed verdict” following nonjury trial was judgment on partial findings, not judgment as matter of law… reviewing judgment on partial findings under doctrine of “implied findings,” conservatorship based on waste or dissipation properly rejected… Todd affirmed (IOR I-3(c)). [Read more…]
Sexual assault, evidentiary rulings
SEXUAL ASSAULT evidentiary rulings affirmed… Knisely affirmed. [Read more…]
Sentencing, “bizarre procedural arrangement”
SENTENCING: Rape defendant improperly re-sentenced to 90 years on remand from habeas PFO order in “bizarre procedural arrangement” in which neither he nor counsel was present at civil hearing, believing the criminal case had been stayed… Christopher reversed. [Read more…]
Restitution, DUI garage crash, repaint entire house
RESTITUTION: Insufficient evidence for restitution to repaint entire house to match repairs to attached garage damaged by DUI driver… Hernandez/Fagg reversed. [Read more…]
$65,554 verdict, $300,000 settlement, 4 Ps, bus/auto
VERDICT: $65,554, 3 passengers, City bus/auto MVA, admitted liability… $300,000 settlement by driver with alleged brain injury. [Read more…]
Sentencing, rape + PFO, habeas
SENTENCING: Sentence for both rape and PFO invalid, habeas granted, remanded for correction, consideration of release from custody… order. [Read more…]
Marital, maintenance
MARITAL: Maintenance properly awarded to wife… Prezeau affirmed (IOR I-3(d)). [Read more…]