SENTENCING: Claim of ineffective assistance in failing to recognize that Defendant would be unable to withdraw indecent exposure plea if Judge imposed a parole restriction lacks record facts for direct appeal… State did not breach agreement when it advocated for rejection of Defendant’s request for probation… Lint affirmed (memorandum). [Read more…]
Attorney testimony, former drug client
ATTORNEY TESTIMONY: Supervisory control of Dayton granted quashing subpoena compelling attorney to testify whether she told former drug client about PTC in bail jumping case. . . 1st impression. . . order. [Read more…]
Prerelease resident, casual employee of home owner
Prerelease resident was direct employee of roofing contractors, not statutory employee of prerelease, at most only casual employee of house owner who was not in rental business… UEF liable for comp, with right to indemnification from defaulted roofing contractors… Shea. [Read more…]
Offer of judgment, highway inverse condemnation
OFFER OF JUDGMENT proceeds in highway inverse condemnation dispute properly awarded to buyer of property on contract as settlement was between buyer and MDT, not to owner who did not participate in the litigation in any meaningful way and failed to [Read more…]
Autopsy/arrest/jail, child death, immunity
AUTOPSY/ARREST/IMPRISONMENT: Medical examiner statutorily immune from reporting that “manner of death” of child was homicide based on babysitter’s later recanted claim that she collapsed while he held her hand crossing the street when later investigation disclosed that she was run over by bus… public duty challenge not addressed… false arrest/imprisonment for deliberate homicide precluded by probable [Read more…]
Jurisdiction, uninsured employers, 1st-party action
Uninsured employers dismissed from 1st-party action by employee for lack of jurisdiction… Shea. [Read more…]
Zoning, lighted artificial palm trees, LCD sign
ZONING: Planning Board had jurisdiction to require casino in “donut” to apply for CUP, abuse of discretion properly applied to decision… CUP was required based on change from primarily store to casino, signage reviewable for conformity with surrounding property… denial of lighted artificial palm trees consistent with Growth Policy’s western theme… [Read more…]