FTCA: Summary judgment for US properly granted based on landlord-tenant relationship of BIA ditch rider living in BIA housing whose pit bull bit Plaintiff, but improperly granted based on employee’s alleged negligence within scope of his employment… Molloy affirmed, reversed (memorandum). [Read more…]
FTCA, VA nurse’s claims against US
FTCA: VA nurse’s claims against US barred by sovereign immunity… Watters affirmed (memorandum). [Read more…]
Sentencing, tier level for failure to register
SENTENCING: Tier level improperly imposed for failure to register as sex offender… Todd reversed (order). [Read more…]
Violent offender registration, petition for removal
VIOLENT OFFENDER REGISTRATION: Requirement that offender subject to 10-year registration petition to be removed is unconstitutional… conviction reversed… Cuffe reversed. [Read more…]
Sentencing, claim that State undermined plea agreement
SENTENCING: Claim that State undermined plea agreement at sentencing hearing rejected, sentence of 10 years, 2 suspended for Defendant charged with rape who plea bargained to intimidation and 3 years deferred affirmed except for tier level designation as intimidation is not a sex offense… Kutzman affirmed, reversed (IOR I-3(c)). [Read more…]
Rape, sex with intoxicated 15-year-old
RAPE: Conviction of sex with intoxicated 15-year-old at “horny-fest” affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
Aggravated DUI, bifurcation of prior DUIs
AGGRAVATED DUI: Prior DUIs should be admitted only after jury determines guilt of “standard” DUI… remanded for new trial… Swingley/McMahon reversed. [Read more…]
DUI, routine police encounter, particularized suspicion
DUI: Approaching Defendant at gas station while responding to a tip of a driver who smelled of alcohol was routine police encounter that did not require particularized suspicion… particularized suspicion acquired upon driver’s participation in questioning and testing… motion to suppress properly denied although improperly based on particularized suspicion… Oldenburg affirmed (other grounds). [Read more…]
Criminal endangerment, high-speed pursuit
CRIMINAL ENDANGERMENT: Lesser-included negligent endangerment properly denied driver in high speed pursuit… Berger affirmed. [Read more…]
Marijuana paraphernalia, MMA exception
MARIJUANA PARAPHERNALIA: Defendant had burden of proving that she fit under exception of MMA by having registry card and being in compliance with MMA… she failed to do so, and Judges properly found that pipes in purse contained marijuana residue… convictions affirmed… Jenks/Larson affirmed. [Read more…]
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