NON-PARENT INTEREST properly denied for failure to find that mother acted contrary to child-parent relationship… Boucher affirmed. [Read more…]
Marital, rehearing from Standing Master trial
MARITAL: Custody properly switched from Master’s designation upon rehearing by Judge due to defective recording of hearing… Pinski affirmed (IOR I-3(d)). [Read more…]
Supervisory control, medical/psychological records
SUPERVISORY CONTROL of Boucher granted ordering in camera review of medical/psychological records of minor with Williams Syndrome over objection from SIWC Defendant that review not necessary and Boucher’s position that he is not a psychologist or psychiatrist and has limited time for review… State has standing to petition on behalf of alleged victim… order. [Read more…]
Dog bite, injury by animal v. premises liability
DOG BITE: Injury by animal and premises liability are separate common law theories, absence of liability under one does not necessarily preclude recovery under the other… negligence claim properly rejected on summary judgment on basis that landlady did not have “reason to know” that tenants’ dogs of pit bull ancestry had vicious propensities… strict liability properly rejected for lack of evidence that dogs were purebred pit bulls or that purebreds are inherently dangerous… Boucher affirmed. [Read more…]
Outrageous government conduct, lying drug agent
OUTRAGEOUS GOVERNMENT CONDUCT: Agent’s lying to obtain fake driver’s license, medical marijuana card, using false identity to buy excessive medical marijuana not outrageous [Read more…]
DUI, rights to appeal, speedy trial,
DUI: Rights to appeal, speedy & public trial, object to illegal evidence referenced in Knox is dicta, prior DUIs not infirm for failure to advise of those rights, properly used to enhance 4th DUI… Boucher affirmed. [Read more…]
Sentencing, elder abuse deferred jail term “felony”
SENTENCING: No justiciable controversy as to classification of offense as felony despite deferred jail term, because deferral [Read more…]
DUI, passed-out driver in university parking lot
DUI: Passed-out driver in university parking lot satisfied “way of this state open to the public,” conviction affirmed… Macek [Read more…]
Habitual traffic offender, 4-wheeler motor vehicle
HABITUAL TRAFFIC OFFENDER: Full statutory definition of “motor vehicle” properly applied to 4-wheeler… conviction affirmed… [Read more…]
DUI, “actual physical control,” sleeping driver
DUI: Jury unclearly instructed on “actual physical control” by Defendant sleeping in bar parking lot… conviction reversed, remanded for new trial… McKeon reversed. [Read more…]