SEX REGISTRATION: Defendant stopped on downtown sidewalk in early morning with scantily clad wife for “welfare check” by several officers prior to arrest for failure to register not in “custody” for Miranda purposes. . . Defendant allowed to present defense of confusion over duty to register but made tactical decision not to do so in light of ruling that State could counter with prior convictions . . . Judge did not improperly rule on element of offense by considering legal question of duty to register. . . Defendant improperly designated Tier I sex offender. . . Larson affirmed, reversed (IOR I-3(c)). [Read more…]
Mootness, BME physician assisted suicide position
MOOTNESS: Challenge of Medical Examiners’ position statement on assisted suicide mooted by rescission of statement… Menahan affirmed. [Read more…]
Pharmacy Act, prescription assistance
PHARMACY ACT: Prescription assistance business violative of Pharmacy Act, injunction properly issued on summary judgment… Seeley affirmed. [Read more…]
Contempt, appealability
CONTEMPT order against Canadian drugs broker not appealable… order. [Read more…]
CPA/Lemon Law, defective motor home, verdict
CPA/LEMON LAW: JNOV properly denied as to notice, venue, statute of limitations, express warranty issues as to Lemon Law, CPA, warranty claims as to motorhome swaying problem… doubling $84,000 damages under CPA remedial not punitive… appeal fees in addition to $53,382 [Read more…]