EXCULPATORY EVIDENCE: Firearms indictment dismissed for failure to preserve automatically deleted voicemail to officer… Christensen. [Read more…]
Sanctions for delays resulting in sua sponte mistrial
SANCTIONS: $51,923.61 sanctions against defense attorney for delays resulting in sua sponte mistrial reversed following Federal Courts’ exoneration of counsel… Cuffe reversed. [Read more…]
Child pornography, Instagram CyberTips
CHILD PORNOGRAPHY: Conviction stemming from Instagram CyberTips affirmed… Christensen affirmed (memorandum). [Read more…]
SIWC, “knowingly” withdrawn consent
SIWC: Jury improperly instructed with high-probability-of-a-fact definition of “knowingly” for the element of “without consent” rather than a conduct-based definition in situation of withdrawn consent… conviction reversed, remanded for retrial… Larson reversed. [Read more…]
Defense verdict, $100,000 settlement, plant nuisance
VERDICT: Defense, industrial plant nuisance claims… $250,000/$100,000 high-low settlement. [Read more…]
New truck stop/casino public convenience/necessity
LIQUOR LICENSING: Public convenience & necessity established for new truck stop/casino at Ramsay over 94 protests… HE Laura Cunningham. [Read more…]
$550,000 settlement, traffic stop shooting death
SETTLEMENT: $550,000, traffic stop shooting death of suspected robber or drug shooter, eve of trial settlement following denial of summary judgment on whether deadly force was justified. [Read more…]
Excessive force death, backseat passenger, unlit plate
EXCESSIVE FORCE DEATH: Shooting of suspected robbery or drug shooter in stop of vehicle for alleged unlit plate light in which suspect was backseat passenger survives summary judgment as to whether deadly force was constitutional and — until facts can be established — whether officer violated clearly established law… summary judgment for City and PD granted on §1983 claims… summary judgment granted and denied on state law claims… Molloy. [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…]
Drugs, dog sniff of vehicle, search warrant
DRUGS: Particularized suspicion for dog sniff of vehicle, sufficient probable cause for search warrant despite application’s mention of incident in which Defendant was stopped and a passenger was arrested for drugs but omitting that charges had been dismissed… marijuana conviction affirmed… Larson affirmed (IOR I-3(d)). [Read more…]