SENTENCING: Self-incrimination right not violated by voluntary mental capacity evaluation… Christensen affirmed. [Read more…]
Restitution, drug court expunged records
RESTITUTION: Petition by vehicular assault victim to mandate Clerk to reinstate Defendant’s expunged and destroyed drug court records in effort to collect allegedly due restitution denied… Order. [Read more…]
Class settlement, Easterseals email data breach
CLASS SETTLEMENT of breach of email data of 12,298 Easterseals-Goodwill clients approved including $215,000 attorney fees… Morris. [Read more…]
Probate, PR determination, spousal status
PROBATE: Judge had discretion to determine PR, not necessary to address marital status for claim of priority or PSA enforceability… Parker affirmed (memorandum). [Read more…]
SIWC, psychologist testimony via Zoom from Nantucket
SIWC: Psychologist erroneously allowed to testify via Zoom from Nantucket to bolster Prosecution witness… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Wrongful discharge, federal “Willful Loss of Earnings”
WRONGFUL DISCHARGE: Federal “Willful Loss of Earnings” doctrine erroneously applied to relieve employer of proving failure to mitigate… Oldenburg reversed. [Read more…]
Wrongful discharge, “Willful Loss of Earnings”
WRONGFUL DISCHARGE: “Willful Loss of Earnings Doctrine” applied to determine that fired Program Manager who took substitute teacher job failed to adequately mitigate with reasonable diligence… without damages, entire claim fails, rejected on summary judgment… Oldenburg. [Read more…]
Rape trial public access COVID limitation
TRIAL PUBLIC ACCESS: Supervisory control of Larson denied as to limiting public in-person access to rape trial due to COVID… order. [Read more…]
Marital, Sheriff’s Retirement disability
MARITAL: Sheriff’s Retirement System disability improperly divided as marital asset… Best reversed. [Read more…]
Judge substitution, federal court removal period
JUDGE SUBSTITUTION time suspended during removal to federal court (1st impression)… Defendant had 10 days remaining of 30-day period following remand, motion improperly held untimely… Bidegaray reversed. [Read more…]
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