MARITAL: Husband properly held in contempt, decree involving distribution of farm partnership interest properly modified… Ruiz affirmed. [Read more…]
Vehicle/cattle negligence, 10 killed cows, $68,128.74
VEHICLE/CATTLE NEGLIGENCE: Summary judgment properly granted for ranchers for death of 10 heifers by truck plowing into herd being moved on highway… “flag person” properly interpreted as rancher in a pickup with hazards flashing on side of road… $46,478.25 fees properly awarded under §25-10-303 & 201 and as sanction for discovery abuses and spoliation (allowing truck to be destroyed)… $68,128.74 judgment including $20,528.29 for the heifers… Bidegaray affirmed. [Read more…]
Marital, MSA, complex ag estate distribution
MARITAL: MSA properly interpreted in complex ag estate distribution, but Rule 11 fees improperly imposed on wife….. Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
$4,985,000 interpleader, MVA death/injuries
SETTLEMENT: $4,985,000 interpleader disbursements to 1 death and 2 injury claimants from insurer of train crew transportation entity, snowplow pass head-on MVA. [Read more…]
Vehicle/cattle, negligence, supervisory control
VEHICLE/CATTLE: Supervisory control of Bidegaray denied as to negligence rulings… order. [Read more…]
Parenting/paternity, jurisdiction/venue
PARENTING/PATERNITY: Jurisdiction/venue issues properly resolved. . . Cybulski affirmed (IOR I-3(c)). [Read more…]
Emergency interim parenting plan
EMERGENCY INTERIM PARENTING PLAN switching custody improperly adopted based on misinterpretation of statutes… supervisory control of Christopher granted vacating order and contempt/sanctions, remanding for determination if adequate cause for hearing… order. [Read more…]
Sentencing, Miller youth considerations for lifer
SENTENCING: Habeas review of 1984 100-year homicide sentence of 17-year-old under Miller guidelines precluded by rule of nonretroactivity… opinion & order. [Read more…]
Nonparent visitation
NONPARENT VISITATION improperly awarded to former stepmother without finding that parents were unfit or that presumption in favor of their wishes had been rebutted… McKeon reversed. [Read more…]
Postconviction, new murder trial denial, rehearing
POSTCONVICTION: Rehearing of opinion reversing new trial order denied… counsel’s assertions/theories do not constitute overlooked facts in record… order. [Read more…]