DRIVER LICENSE SUSPENSION: Judicial review of DUI not mooted by return of license after end of 6-month suspension… first impression… Best reversed. [Read more…]
Tampering, destruction of phone
TAMPERING: Instruction on Criminal Destruction of a Communication Device as lesser-included of Tampering with Evidence properly denied… Parker affirmed. [Read more…]
License suspension, motorcyclist “serious bodily injury”
LICENSE SUSPENSION: Trooper had probable cause to believe that motorcyclist had “serious bodily injury” providing basis to request blood test… statement that “I don’t want that” properly construed as withdrawing initial consent for test… license suspension properly upheld… Grubich affirmed. [Read more…]
DUI, blood draw of unconscious motorcyclist
DUI: Sufficient probable cause for investigative subpoena to obtain blood of unconscious motorcyclist but Trooper instead properly asked hospital staff to preserve blood drawn earlier… Best affirmed. [Read more…]
DUI, Defendant “tried” to beat red light
DUI: Reasonable to infer from Trooper’s responses that Defendant and another vehicle ahead “tried” to beat the red light that Defendant did not succeed, sufficient reason to stop for running red light, license reinstatement properly denied… Grubich affirmed (memorandum). [Read more…]
DUI, request to speak with attorney = breath/blood refusal
DUI: Request to speak with an attorney before agreeing to breath or blood sample properly considered a refusal to provide a sample, license reinstatement properly rejected… Grubich affirmed. [Read more…]
Marital/attorney fees, 3rd-party separate action
MARITAL/ATTORNEY FEES: Fees properly awarded to husband under terms of divorce settlement agreement for defending against wife’s 3rd-party complaint in separate action, but amount improperly based on billing records and summaries admitted without expert’s personal knowledge of truth or accuracy… $18,684.93 prejudgment interest properly awarded on $20,000 marital property settlement where wife was not prevented by stays from paying it for 9 years… Parker affirmed, reversed. [Read more…]
Bail bond forfeiture
BAIL BOND FORFEITURE: Objection properly denied for failure of bondsman to appear within 90 days of the forfeiture (civil 3 days for notice by mail not applicable) and failure to satisfactorily excuse bail-jumper’s failure to appear… Spaulding (IOR I-3(c)). [Read more…]
Podiatrist malpractice, defense verdict
PODIATRIST MALPRACTICE: Any error in not instructing on loss of chance was harmless as jury found no negligence, did not consider causation. . . no abuse of discretion in prohibiting Plaintiffs from asking treating physician if Defendant breached standard or by limiting impeachment on redirect (offer of proof following verdict is too late). . . new trial properly denied based on Defense counsel’s alleged misconduct including inappropriate sarcasm. . . defense verdict affirmed. . . Krueger affirmed. [Read more…]
Defense verdict, podiatrist, foot cancer death
VERDICT: Defense, podiatrist malpractice, cancer death, delayed diagnosis of foot cyst. [Read more…]