DRUGS: Trooper had reasonable suspicion of drug activity to extend traffic stop beyond initial mission of checking sobriety, addressing swerving. . . suppression of meth properly denied. . . Watters affirmed (unpublished). [Read more…]
Revocation, sex treatment self-incrimination
REVOCATION: Right against self-incrimination not violated by use of admissions to sex offender’s therapist to revoke supervised release… Watters affirmed. [Read more…]
Firearms while subject to court order, jury
FIREARMS WHILE SUBJECT TO COURT ORDER: Jury properly allowed to view traffic stop video (exhibit, not trial testimony) during deliberations, did not violate right to be present at all stages… 4-level enhancement warranted by guns in car and evidence of contemplated drug transaction… Molloy affirmed. [Read more…]
Search & seizure, adult daughter’s bedroom
SEARCH & SEIZURE: Mother lacked authority to consent to search of adult daughter’s bedroom which daughter shared with boyfriend who possessed guns, boyfriend’s probation status not basis for search as he had been kicked out day before, evidence suppressed as to daughter’s charge of possession of stolen firearms… boyfriend had no expectation of privacy, evidence not suppressed as to his charge of felon in possession and possession of stolen firearms… Watters. [Read more…]
Probate, reformation of donative documents
PROBATE: Restatement of Property allowance for reformation of donative documents to correct unilateral mistakes adopted as to instruments other than wills… while donative instrument may be subject to reformation after death, permitting a stranger to the [Read more…]
Dismissal, failure to attend own deposition
DISMISSAL of WDA/FMLA case with prejudice with fees/costs proper for failure to attend Plaintiff’s deposition… claim that attorney allowed to withdraw without opportunity for Plaintiff to respond not preserved for appeal… Seeley affirmed (IOR I-3(d)). [Read more…]
Probate, will revocation/validity
PROBATE: No evidence that 1983 will ever revoked, properly found valid… Krueger affirmed (IOR I-3(3)). [Read more…]
Procedure, withdrawal of notice of dismissal
PROCEDURE: Supervisory control of Brown denied over withdrawal of notice of dismissal of collection suit intertwined with obstetrical med-mal claims… order. [Read more…]