REHEARING denied in water bottling plant case… order. [Read more…]
Assault with weapon, first aggressor “musings”
ASSAULT WITH WEAPON: Prosecutor’s “musings” about first aggressor instruction was not misconduct in overall context of closing, nothing to which attorney needed to object… McMahon affirmed (IOR I-3(c)). [Read more…]
Sentencing, $50,000 fine, snowplow pass death
SENTENCING: $50,000 fine for snowplow-pass negligent homicide Defendant waived for review by insufficient objection… alcohol/casino probation conditions reversed for insufficient nexus… Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
Plea agreement, firearms, too lenient
PLEA AGREEMENT reducing firearms export/mailing from 46-57 months to 1-6 months too lenient as not reflecting seriousness… Molloy. [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
Defense verdict, wrongful discharge, lodge
VERDICT: Defense, wrongful discharge, lodge activity director. [Read more…]