ADOPTION: Attorney owed no duty to Plaintiffs as non-clients in adversarial interstate adoption… claims against DPHHS properly dismissed based on collateral estoppel as to Utah’s approval of adoption… Menahan affirmed. [Read more…]
Arbitration, no assent to agreement
ARBITRATION: Plaintiff did not assent to arbitration agreement expressly or impliedly, by failure to opt out, or by continuing to work for Defendant… order compelling arbitration reversed… Haddon reversed (memorandum). [Read more…]
Wrongful discharge, County HR Director
WRONGFUL DISCHARGE: County HR Director is “sensitive managerial or confidential position” allowing greater deference in termination… Plaintiff failed to show that business reason for termination is pretextual… policy/ retaliation claims also dismissed on summary judgment in supplemental order considering surreply after ace fell out of Defendant’s sleeve in reply… Pinski. [Read more…]
Aggravated assault, infant, jury waiver, mens rea
AGGRAVATED ASSAULT: Attorney’s signed motion for bench trial, ratified by Defendant’s failure to object, satisfied requirement for written waiver of jury… unobjected right to presence claims must be preserved for review by established method such as plain error, no plain error in Defendant not being present at video deposition [Read more…]
Incest, prior accusations, intoxication by meds
INCEST: Request to examine accuser as to prior accusations properly denied for lack of showing of falsity… intoxication instruction based on prescription medications proper… new trial properly denied based on juror’s failure to disclose childhood [Read more…]
Ineffective assistance, postconviction/trial counsel
INEFFECTIVE ASSISTANCE: Postconviction counsel challenging his own trial performance raises ethical questions that should be addressed at outset… claims properly rejected for lack of showing of prejudice by incest Defendant… Sherlock affirmed. [Read more…]
Sexual assault/youth, 3-year-old hearsay via mother
SEXUAL ASSAULT/YOUTH: Statements of 3-year-old repeated by mother after child unresponsive at trial properly found non-testimonial, admissible without implicating youth Defendant’s confrontation rights… Seeley affirmed (IOR I-3(d)). [Read more…]
Attempted deliberate homicide, mitigation
ATTEMPTED DELIBERATE HOMICIDE: Juror misconduct claim properly rejected for lack of showing of prejudice… claims of ineffective assistance by standby, collusion with Prosecution, [Read more…]
Sexual assault, prior recorded interview
SEXUAL ASSAULT: Evidence of girl’s prior statement via recorded interview properly admitted, not violative of confrontation, hearsay… untimely motion for new trial and hearing on competency of trial attorney properly denied… ineffective assistance claims more amenable to [Read more…]
Incest, ineffective assistance, child witnesses
INCEST: No ineffective assistance based on failure to challenge competency of child witnesses, admission of their hearsay [Read more…]