CHILD SEX OFFENSES convictions affirmed over challenge to Allen instructions, denial of access to victim records, 30-year sentence… Watters affirmed (memorandum). [Read more…]
Nuisance, bird feeding, injunction
NUISANCE: Injunction properly granted on basis that feeding birds constituted nuisance to neighbors, but enjoining feeding within 100 feet of boundary and water in winter overly broad… Swingley/Reynolds affirmed, reversed. [Read more…]
Residential construction, oral contract, quantum
RESIDENTIAL CONSTRUCTION: Equitable relief in quantum meruit proper for architectural services despite void oral construction contract… attorney fees improperly awarded for entire case rather than just architectural part of lien, improperly awarded on quantum meruit claim… Gilbert affirmed, reversed. [Read more…]
Exculpatory evidence, vehicle “crime scene”
EXCULPATORY EVIDENCE: Attempted deliberate homicide properly dismissed due to State’s failure to retain vehicle in which victim was seated when shot… Gilbert affirmed. [Read more…]
DUI, comments on BAC test rejection
DUI: “Reasonable grounds” to stop, license reinstatement properly denied… Gilbert affirmed (IOR I-3(c)). [Read more…]