DUI: Misdemeanor conviction affirmed over challenge to suspicion for stop and DUI investigation… McElyea affirmed (memorandum). [Read more…]
Child support, contempt
CHILD SUPPORT: Contempt rulings affirmed, reversed… Gilbert affirmed, reversed (memorandum). [Read more…]
DUI, driver who fled single-vehicle accident
DUI: Driver who fled single-vehicle accident was properly arrested at his home and convicted of driving under the influence of Dust-Off… McElyea affirmed. [Read more…]
Rape, sex with intoxicated person
RAPE: Failure to interview and call potential witness who observed injuries on Defendant not prejudicial in light of overwhelming evidence supporting conviction of sex with intoxicated person… order granting postconviction relief reversed… McElyea reversed. [Read more…]
Underage possession, flashlight shined into back window
UNDERAGE POSSESSION: Discovery of paraphernalia by flashlight shined into back window provided reasonable suspicion for search… double jeopardy not violated by count of UPIS for alcohol and count for marijuana… Gilbert affirmed. [Read more…]
Assault with weapon, justifiable force, face slashing
ASSAULT WITH WEAPON, violation of protective order, tampering convictions stemming from face slashing affirmed… Harris affirmed. [Read more…]
Malicious prosecution, vehicular homicide/assault
MALICIOUS PROSECUTION and other claims stemming from charges of vehicular homicide/assault with dispute as to who was driving, failure to disclose long brown hair found in driver’s door, 2 hung juries, ultimate dismissal properly rejected on summary judgment… Gilbert affirmed (memorandum). [Read more…]
Unauthorized access to medical records by RN ex-wife
UNAUTHORIZED ACCESS TO MEDICAL RECORDS claims properly rejected on summary judgment for failure to establish that RN/ex-wife’s access to records caused harm… Vannatta affirmed (memorandum). [Read more…]
Marital, vexatious Harvard lawyer
MARITAL: Attorney fees/costs awarded against Harvard lawyer for unprecedented frivolous motions practice attempt to weaponize his resources and legal education to harass ex-wife across numerous jurisdictions… additional vexatious litigant conditions imposed… Laird affirmed (memorandum). [Read more…]
DUI, blood toxicology evidence, physical control
DUI: Blood toxicology properly admitted despite failure to log lot numbers or expiration dates for collection tubes… sufficient evidence of physical control by intoxicated Defendant found sitting in non-running vehicle with key in console… felony conviction affirmed… Brown affirmed. [Read more…]