REVOCATION: Reimposed sentence ending 2 years later than original does not constitute sentence greater than original… Knisely affirmed. [Read more…]
Plea withdrawal, actual innocence time exception
PLEA WITHDRAWAL: Actual innocence exception to 1-year statute for withdrawing plea not met by privacy/stalking Defendant… Kolar/Souza affirmed (IOR I-3(c)). [Read more…]
Rape, 1987 child rape, 2014 DNA, ex post facto
RAPE: 2007 statute of limitations amendment is retrospective to 1987 child rape, but prosecution based on 2014 DNA match-up violative of ex post facto under Stogner. . . Knisely reversed on supervisory control. [Read more…]
Attorney discipline, DUI representation
ATTORNEY DISCIPLINE: Suspension for failure to properly represent DUI client… order. [Read more…]
Excessive force/Terry stop
EXCESSIVE FORCE/TERRY STOP claims against officer relating to investigation of motorcyclists/motorist confrontation should have been dismissed on summary judgment… Molloy reversed (unpublished). [Read more…]
Charter bus, SB 140 takings/due process
CHARTER BUS: Takings/due process claims stemming from denial of grandfathered PCN under SB 140 not preserved for judicial review… denial of Class B application properly affirmed… PSC/Watters affirmed. [Read more…]
Foreclosure, subdivision loan
FORECLOSURE: Contract properly interpreted as establishing priority for repayment of subdivision loan, not implied promise to not foreclose absent failure to repay with lot sales… challenge of denial of motion to alter judgment mooted by failure to post appeal bond, sheriff’s sale of lots, expiration of redemption [Read more…]
Defamation, stalking claim
DEFAMATION: Statement by daughter to parents that she was stalked by HOA suit defendants, republication by parents to HOA defendants’ lawyer, properly dismissed… Jones affirmed (IOR I-3(d)). [Read more…]
Defense verdict, excessive force arrest/detention
VERDICT: Defense, excessive force arrest/detention claims by PFMA victim… negligence by deputies in connection with use of [Read more…]
Defense verdict, lending breach
VERDICT: Defense, lending breach.