VEHICLE SEARCH: Sufficient probable cause in affidavit for drug search after excising false information about prior convictions… Tucker affirmed (IOR I-3(c)). [Read more…]
Parental rights, withdrawal of relinquishment
PARENTAL RIGHTS: Withdrawal of relinquishment properly denied for failure to establish “duress” under any definition… Baugh affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, “thinking about withdrawing”
PLEA WITHDRAWAL: PSI statement that Defendant was “thinking about withdrawing my plea” properly not construed as motion to withdraw… Judge not mind-reader… Simonton affirmed (IOR I-3(d)). [Read more…]
Revocation, rape witnesses limit, alcohol admission
REVOCATION: Witnesses as to alleged victim’s credibility as to rape/PFMA properly limited to 3 rather than 7 requested by Defendant… regardless, revocation proper based on alcohol admission…. Townsend affirmed (IOR I-3(d)). [Read more…]
Youth, transfer without parental notice
YOUTH: Youth Court had jurisdiction to transfer to District Court despite lack of notice to parents, youth and counsel acquiesced in transfer… Simonton affirmed. [Read more…]
Probation search, purse, pills, drug offense
PROBATION SEARCH of purse proper in light of drug offense and deferred imposition medications condition, pills in purse properly not suppressed… Wheelis affirmed. [Read more…]
City negligence, walking path skateboarder death
CITY NEGLIGENCE: No duty as to privately owned walking path in subdivision on which skateboarder was killed simply because of proximity to City owned bike path… public duty “detrimental [Read more…]
Probate, murder victim’s life insurance
PROBATE: Murdered woman’s father not entitled to share of settlement of $500,000 insurance reached by named [Read more…]
Probate, murder victim’s life insurance
PROBATE: Murdered woman’s father not entitled to share of settlement of $500,000 [Read more…]
Contract/standing, defective industrial coffee urn
CONTRACT/STANDING: No standing by shareholder to sue on behalf of corporation over industrial coffee urn, failed to amend to [Read more…]