MEDICAL MARIJUANA: Hash oil conviction affirmed over McIntosh claim… Christensen affirmed (memorandum). [Read more…]
Firearms, “possession”
FIREARMS: Sufficient evidence for jury to find that Defendant “possessed” guns, properly instructed on “possession”… Watters affirmed (memorandum). [Read more…]
Conspiracy to defraud US, instructions
CONSPIRACY TO DEFRAUD US: Failure to instruct on “deceitful or dishonest means” harmless error as there was strong evidence of deceitful or dishonest means… Caldwell (9th Cir. 1993) per se prejudice overruled in light of Neder (US 1999)… conviction on 27 counts affirmed… Morris affirmed. [Read more…]
RFAs, withdraw/amend, new Rule 36(b), legal mal
REQUESTS FOR ADMISSIONS: Request to withdraw or amend under new Rule 36(b) improperly denied as legal malpractice Defendants failed to show prejudice by mere reliance on RFAs for summary judgment (1st impression)… Ulbricht reversed. [Read more…]
Respondeat superior, accountant, personal loan
RESPONDEAT SUPERIOR: Accounting firm employee’s transaction with lender was purely personal, outside scope of employment… use of company email to communicate with lender during [Read more…]
Drugs, “proceeds”/“profits,” wire transfer
DRUGS: Testimony as to excluded exhibit of meth not connected to Defendant properly allowed… no error in failing to define “proceeds” as “profits”… recipient’s name on wire [Read more…]
Legal malpractice, non-client trust beneficiaries
LEGAL MALPRACTICE: Attorney who prepared farm/ranch trust documents for parents and later discussed with parents amendments to benefit 3 of 5 children owed no duty to non- [Read more…]
Securities, phantom auto contracts
SECURITIES: Claim as to phantom auto contracts not timely under 2-year statute which does not allow for discovery, properly dismissed following $70,000 verdict based on jury finding as to date when agent was “offerer”… jury correctly [Read more…]
Legal malpractice, duty to non-client beneficiaries
LEGAL MALPRACTICE: Attorney who prepared original trust documents for parents and discussed with parents amendments to benefit 3 of 5 children owed no duty to non-client potential beneficiaries (the 3 children) to see that amendments were executed… claim also time-barred… Gustafson. [Read more…]
Drugs, warrantless electronic surveillance
DRUGS: Sufficient evidence of marijuana sale based on potential CI testimony apart from warrantless electronic surveillance… H. Brown affirmed. [Read more…]