PROCEDURE: 60(b) motion to set aside PR removal improper attempt to circumvent decision to forgo appellate review… [Read more…]
Sentencing, meth
SENTENCING: 360 months for meth affirmed… Cebull affirmed (unpublished). [Read more…]
Jury, panel list, rehearing denial
JURY: Rehearing denied as to holding that Defendant failed to demonstrate that Sandefur abused discretion in interpreting ambiguous statute as new panel list must include drivers in [Read more…]
Jury, new panel list with drivers, “ensuing year”
JURY: Defendant failed to demonstrate Judge abused discretion in interpreting ambiguous statute as new panel list must include drivers in “ensuing calendar year” rather than [Read more…]
Juvenile, prior juvenile sex assault adjudication
JUVENILE: Prior juvenile adjudication for sexual assault properly admitted in trial for sexual assault… Haddon affirmed (unpublished). [Read more…]
Arbitration, assertion of right, waiver, adhesion
ARBITRATION: Defendants asserted contractual right to arbitration in answer/jury demand within 90 days of service, separate motion not required… arbitration not waived by [Read more…]
Ineffective assistance, contact of co-defendant
INEFFECTIVE ASSISTANCE: Unauthorized contact with co-defendant not per se ineffective assistance… no evidence that violation impaired ability to represent Defendant… no showing of prejudice under traditional Strickland claim… new lawyer properly denied when Defendant affirmed decision to continue with original lawyer… meth conviction affirmed… [Read more…]