DUI: No Brady violation by negligent loss of late-disclosed casino CCTV recording not showing Defendant intoxicated immediately before accident… motion to dismiss properly denied… Tucker affirmed. [Read more…]
Excessive force/negligent arrest, warrantless PFMA
EXCESSIVE FORCE/NEGLIGENT ARREST: No negligence per se, §1983 violation, in warrantless arrest of PFMA victim… Cebull. [Read more…]
Excessive force arrest, domestic abuse victim
EXCESSIVE FORCE/NEGLIGENT ARREST: No special duty under domestic abuse statutes protecting victim from officers’ negligence/excessive force negating Public Duty Doctrine, but special relationship exists during period of custody, but not [Read more…]
Probate, holographic will, testamentary capacity
PROBATE: No testamentary capacity for holographic will (or for competing will)… undue influence in transfer of state lease and oil/gas payments… Irigoin affirmed. [Read more…]
Property, legal v. “appropriate” access
PROPERTY: Buyers entitled to legal access under contract for deed, sellers obligated to defend prescriptive easement attempt or provide appropriate easement across adjoining lands, did neither, buyers entitled to damages including attorney fees for easement action, negligent [Read more…]