POSTCONVICTION: Petition timely filed when filed with Clerk, operative date not when in forma pauperis motion granted 2 days [Read more…]
Plea withdrawal, ineffective assistance, fees
PLEA WITHDRAWAL properly denied over claims of ineffective assistance/attorney fee ethical violations, learning disabilities, inconsistent arson plea/charge… Todd affirmed (IOR I-3(d)(v)). [Read more…]
Partnership, receiver, vacate premises
PARTNERSHIP: Receiver properly appointed to operate resort, Plaintiffs properly ordered to vacate premises… Jones affirmed (IOR I-3(d)(v)). [Read more…]
Wrongful discharge, defense verdict, §39-2-915 fees
WRONGFUL DISCHARGE: §39-2-915 challenge not preserved for appeal… failure to make findings/conclusions as to fees not reversible as Plath factors addressed at hearing… finding that Plaintiff refused arbitration implicit in fact that arbitration [Read more…]
Assault with weapon, lawyer/defendant
ASSAULT WITH WEAPON: Lawyer/Defendant’s right to counsel, disqualification, suppression, speedy trial, expert/other crimes, 61-year sentence challenges properly rejected… Watters affirmed (IOR I-3(d) [Read more…]
Theft, juror challenge, ex-sheriff, small county
THEFT: Plain-error review denied as to failure to sua sponte declare mistrial or change venue because of comments by panelists as to ex-Sheriff Defendant in small county… challenge for cause properly denied… ineffective assistance claims more amenable to postconviction… [Read more…]