VERDICT: Defense, UTPA claims stemming from handling of MVA “dual-insured loss” claims. [Read more…]
Jail strip searches, constitutional/statutory challenges
JAIL STRIP SEARCHES: L&C Co. policy of suspicionless strip searches of everyone detained for traffic or minor offenses and placed in general population not violative of Art. II §§ 10 or 11, but violates plain language of §46-5-105 (2013), remanded for summary judgment on this issue for the 92 Plaintiff/Appellants… McMahon affirmed, reversed. [Read more…]
Boat slip eviction verdict, equitable relief, $500 CPA
BOAT SLIP EVICTION: Injunction compelling marina to provide boat slips and request for attorney fees denied following verdict finding that marina violated CPA in terminating sailboat slip rental but the violation did not cause damages… $500 statutory damages properly awarded… Menahan affirmed (IOR I-3(c)). [Read more…]
$15,000 verdict, MVA, disputed spinal cord contusion
VERDICT: $15,000, MVA, admitted negligence, disputed spinal cord contusion, $55,000 offer of judgment. [Read more…]
Speedy trial, crowded municipal court docket
SPEEDY TRIAL: No good cause shown in not bringing misdemeanors to trial within 6 months over Judge’s finding that crowded docket was not good cause… remanded for dismissal of DUI… Wood affirmed, McCarter reversed. [Read more…]
Rape/PFMA/tampering, prior acts
RAPE/PFMA/TAMPERING: Evidence of previous assault/harassment of alleged victim properly admitted… plain error review of bad acts instructions declined… no ineffective assistance in not objecting to bad acts… conviction over defense of consensual rough sex affirmed… Seeley affirmed. [Read more…]
Restitution, extradition costs
RESTITUTION: State not a “victim” as to extradition costs… Stadler reversed. [Read more…]
Speedy trial, justice court 6 months
SPEEDY TRIAL: 6 months for Justice Court misdemeanor runs from plea to misdemeanor PFMA, not from initial plea to dismissed felony PFMA… Haynes affirmed. [Read more…]