STATE LANDS: Coal leases EIS properly deferred pending specific proposal… Hegel affirmed. [Read more…]
Sentencing, prison sex treatment, inability to admit
SENTENCING: Motion to remove sex treatment requirement on grounds of inability to admit guilt properly denied as untimely, although more properly postconviction petition… Lympus [Read more…]
Attorney fees, private AG, assisted suicide
ATTORNEY FEES properly denied Plaintiffs in assisted suicide litigation… rehearing denied… order. [Read more…]
Traffic, statute of limitations, misdemeanors
TRAFFIC: Statute of limitations for misdemeanors stemming from diabetic MVA death expired, no authority to order AG to pursue negligent homicide… 1-year statute for careless/reckless driving subsequently extended to 3 years by Legislature… Honzel affirmed (IOR I-3(d)(v)). [Read more…]
Criminal mischief, felony value of car, youth
CRIMINAL MISCHIEF: Finding that car’s value before vandalization was “at least $1,000” insufficient to establish felony “loss in excess of $1,000”… remanded for misdemeanor disposition of youth… Irigoin reversed. [Read more…]
Sentencing, DOC term exemption for serious youth
SENTENCING: Compelling interest (increased sentencing flexibility) for DOC exemption for serious youth offenders, not facially unconstitutional (legality considered 1st time on appeal)… as-applied challenge by imprisoned youth waived for failure to raise below… Irigoin affirmed. [Read more…]
Environment, CBM water rules
ENVIRONMENT: Appropriate standard of review of CBM water rules assembled from multiplicity of Acts raised in challenge… scientific basis for classifying pollutant parameters as harmful in 2006 when not so classified in 2003… new rules not more stringent than federal law, [Read more…]