DUI: §61-8-1016(4)(a) does not preclude a blood warrant when a 1st-time DUI suspect refuses to submit to testing under the implied consent statute… Ray/Lint affirmed. [Read more…]
County Indian criminal reimbursement claims
COUNTY INDIAN CRIMINAL REIMBURSEMENT claims properly rejected based on statute of limitations and on summary judgment… Eddy affirmed. [Read more…]
Sua sponte parenting plan rejected on supervisory control
PARENTING: Supervisory control granted vacating sua sponte parenting plan by Judge Christopher for injecting her own parenting experiences into largely amicable proceeding to order immediate custody of 5-year-old to Oregon father for 5 years with no contact by mother without proper consideration of best interest factors… remanded for transfer to Judge Owen and restoration of custody to mother pending a final parenting plan… order. [Read more…]
Rape, unsubstantiated allegations as impeachment
RAPE: Unsubstantiated 2003 allegation of SIWC by then 15-year-old improperly admitted to impeach now 30-year-old’s claim that he was not the kind of person who would engage in non-consensual sex, sufficiently prejudicial to require reversal of conviction… evidence of alleged victim’s marijuana use after alleged rape while intoxicated by liquor and prior to reporting improperly precluded… remanded for new trial… Pinski reversed. [Read more…]
Deposition of PFMA witness
DEPOSITION OF WITNESS who declines interview by PFMA Defendant properly denied… Jenks affirmed. [Read more…]
Wrongful death, MVA bakery distributor’s truck
WRONGFUL DEATH: Magistrate’s recommended summary judgment rulings in MVA death case involving independent contractor distributor of bakery’s products whose driver was allegedly under influence of marijuana and issues of agency, subservant employment, joint venture, non-delegable duty under Federal Motor Carrier Safety Regulations, negligent selection of independent contractor, punitives… DeSoto. [Read more…]
Vicarious liability, rape by Child Protection Specialist
VICARIOUS LIABILITY: Claims against State by victim of rape by Child Protection Specialist not viable under respondeat superior, but are viable under nondelegable duty exception… Christensen. [Read more…]
Citizen’s arrest, blocking pursued motorcycle
CITIZEN’S ARREST: Motorist who blocked pursued motorcycle entitled to assert citizen’s arrest statute as defense to negligent endangerment and reckless driving… Wood/ Seeley reversed. [Read more…]
Attorney discipline, probation for alcohol problems
ATTORNEY DISCIPLINE: David Bjornson placed on probation for 10 years subject to conditions, publicly censured, following felony DUI. . . order. [Read more…]
Contempt, PO “impeding” parole eligibility
CONTEMPT: Motion by vehicular homicide Defendant to hold PO in contempt until her alleged wrong in impeding his parole eligibility “is fully righted” fails whether as civil or criminal, should have been denied for failure to state a claim… Manley reversed on supervisory control. [Read more…]