CLEAN INDOOR AIR: Smoking structures attached to casinos are “enclosed public places” subject to CIAA notwithstanding “vents,” enforcement not precluded by purported judicial admission, estoppel… fees improperly awarded to owners who prevailed at preliminary injunction stage but lost on merits… Pinski reversed. [Read more…]
Environment, Big Timber beetle sanitation harvest
ENVIRONMENT: Big Timber Canyon sanitation beetle-kill harvest challenges rejected… Plaintiff member’s declaration of plans to visit area and that project will impair ability to enjoy area and observe wildlife sufficient for standing… Lovell [Read more…]
Incest, common law marriage, refusal to admit
INCEST: Sufficient evidence of common law marriage to support incest of “stepdaughter”… objection to undisclosed testimony untimely, waived… no parole until sex treatment within sentencing authority… limited contact with victim and her family reasonable probation condition, [Read more…]
Felony murder/aggravated assault, jeopardy
FELONY MURDER/AGGRAVATED ASSAULT: Aggravated assault conviction should have been dismissed where felony murder conviction was predicated on same assault… decided on criminal procedure code, not double jeopardy… ineffective assistance claim best suited for [Read more…]
Plea withdrawal, recanted PFMA allegation
PLEA WITHDRAWAL: Girlfriend’s recanting PFMA allegation months before guilty plea not new evidence for withdrawal… Watters affirmed. [Read more…]
DUI/sentencing, defective brake lights, gambling
DUI/SENTENCING: Sufficient reason to stop based on no apparent brake lights, even though officer failed to check lights after stop… prior DUI with missing record adequately validated by JP testimony… gambling sentence restriction waived by failure to object… Rice affirmed. [Read more…]
Drugs/PFMA/prosecutor conduct, vouching
DRUGS/PFMA/PROSECUTOR CONDUCT: Testimony that Defendant tested positive for meth proper rebuttal to claim that he no longer used drugs (part of defense that drugs belonged to son), but fair trial undermined by Prosecutor’s questions to officer as to witness veracity [Read more…]