WRONGFUL ARREST: Mistrial based on Defense Counsel’s reference to Plaintiff’s criminal history properly denied… no jurisdiction to review denial of Defendants’ motion for summary judgment based on qualified immunity following defense verdict… Cavan affirmed (memorandum). [Read more…]
Marital, home valuation at dissolution v. separation
MARITAL: Wife properly awarded 55% of home valued at time of dissolution rather than separation… Gilbert affirmed (memorandum). [Read more…]
Malicious prosecution, negligent vehicular homicide
MALICIOUS PROSECUTION and other claims stemming from charges of negligent vehicular homicide and 5 counts of negligent vehicular assault arising from MVA with dispute as to who was driving, failure to disclose long brown hair found in driver’s door, and 2 hung juries, and ultimate dismissal rejected on summary judgment… Gilbert. [Read more…]
Judge disqualification, judge v. female lawyers
JUDGE DISQUALIFICATION: Disqualification of Dayton denied for lack of support for accusations including bias against female lawyers… order. [Read more…]
Marital, Harvard lawyer vexatious litigant
MARITAL: Harvard lawyer properly declared vexatious litigant and assessed 80% of wife’s attorney fees in divorce with 280 filings… Oldenburg affirmed (memorandum). [Read more…]
DUI, investigatory stop of vehicle in ditch
DUI: Sufficient facts to conduct investigatory stop of vehicle partly in ditch, further DUI investigation, statements about drinking were voluntary… Brown affirmed. [Read more…]
Defense verdict, wrongful arrest
VERDICT: Defense, wrongful arrest. [Read more…]
Marital, child support during incarceration, frivolous
MARITAL: Suspension of child support while incarcerated not supported under clear precedent, fees awarded for frivolous appeal… Gilbert affirmed (memorandum). [Read more…]
DUI, particularized suspicion independent of eluding
DUI: Officer had particularized suspicion of DUI and probable cause for DUI arrest independent of challenged eluding being initial reason for stop… license reinstatement properly denied… Gilbert affirmed (memorandum). [Read more…]
False arrest, dismissed DUI of traffic stop “spectator”
FALSE ARREST claims against officer, City,and Prosecutor stemming from dismissed DUI arrest of traffic stop “spectator” dismissed on summary judgment… Cavan. [Read more…]