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(Opinions are organized in reverse chronological order. The citation "nopost" indicates the opinion has not yet been posted.)
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[Criminal] Summary: Motion to dismiss; rule 600; reasonable and good faith effort to bring case to trial in 365 days; court backlog. (Posted: May 8, 2008) |
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[Civil] Summary: Motion for post-trial relief; uncontroverted evidence; prerogative of the jury to believe any, all or none of the witness’ testimony; admissibility of photos of accident scene; inflammatory nature; constitutionality of Dead Man’s Act; waiver. (Posted: Apr 30, 2008) |
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[Criminal] Summary: Motion to suppress; animal cruelty allegation; probable cause for search; observation of excessive number of cats, some of which were sick; previous incident showing a continuing course of conduct. (Posted: Apr 29, 2008) |
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[Criminal] Summary: Appeal; juvenile adjudication; sufficiency of the evidence; agreement of group to hit the victim; identification. (Posted: Apr 29, 2008) |
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[Criminal] Summary: Motion to dismiss under rule 600; DUI case; defendant leaving jurisdiction to avoid arrest; refusal to cooperate to accept arrest warrant; no effort to extradite from Florida due to county policy; equities favoring the prosecution. (Posted: May 5, 2008) |
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[Criminal] Summary: Motion to suppress; police efforts to secure positive identity where name given was not in records; fleeing from police questioning; disposal of contraband while fleeing; abandonment. (Posted: Apr 29, 2008) |
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[Support] Summary: Exceptions to support order; rental income; income tax deduction; mortgage expenses; earning capacity; inability to find work despite substantial effort. (Posted: Apr 26, 2008) |
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[Civil] Summary: Motion to strike or open confessed judgment; issues of fact are not a basis for striking a confessed judgment; to open a judgment, a meritorious defense as well as evidence sufficient to be submitted to the jury must be alleged. (Posted: Apr 26, 2008) |
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[Criminal] Summary: Post conviction relief act petition; dismissal; timeliness; late discovery; diligence; previously litigated issues; ineffective counsel. (Posted: May 5, 2008) |
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[Administrative Appeal] Summary: Appeal from grant of application for special exception; cellular tower; county comprehensive plan's objective of scenic preservation; substantial evidence; priority of permitted uses over general recommendations in plan. (Posted: Apr 20, 2008) |
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[Divorce] Summary: Petition to enforce marital settlement agreement; unambiguous agreement to execute divorce consent; compelling the filing of a consent to divorce; public policy; fairness of enforcing only part of a property settlement agreement. (Posted: Apr 16, 2008) |
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[Civil] Summary: Appeal; motion for summary judgment granted; insufficient evidence for jury; slip and fall; length of time ice present; failure to remove snow piles; duty; theory that high piles of snow caused melting; lack of expert testimony. (Posted: May 5, 2008) |
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[Civil] Summary: Motion for reconsideration; viewed as post trial motion; consistency of verdict; evidence to support claim; amendment to conform to evidence at end of trial. (Posted: May 5, 2008) |
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[Adoption] Summary: Involuntary termination of parental rights; incarcerated parent; participation by video conference; medically fragile child; no efforts to maintain contact with the agency while in prison or further parenting skills; harm to child; tolling parent's responsibilities during incarceration; best interests of the child. (Posted: May 5, 2008) |
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[Criminal] Summary: Appeal; ineffective counsel; suppression; existing search warrant; failure to appeal. (Posted: May 6, 2008) |
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[Support] Summary: Exceptions to support order; award of federal income tax exemption; recalculation of support obligation. (Posted: Apr 16, 2008) |
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[Criminal] Summary: Appeal; criminal contempt for violating protection from abuse order; attempt to intimidate plaintiff so she would not testify at trial. (Posted: Apr 3, 2008) |
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[Criminal] Summary: Appeal; denial of jury instructions; DUI case; charge read as a whole; sitting in a car while intoxicated; operation of a vehicle; use of standard charge. (Posted: Apr 3, 2008) |
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[Wills and Estates] Summary: Petition to remove trustees, appoint a successor trustee and for contempt; proper administration of the trust; refusal to provide distributions; statutory standards; failure to make accounting; trustee's improper distributions to himself. (Posted: Apr 3, 2008) |
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[Civil] Summary: Motion for summary judgment of plaintiff; death due to roof blowing off building; fact question as to roof being attached to frame; jury question; motion in limine re res ipso loquitor; premature motion; spoliation of evidence argument; removal of the roof; failure to advise plaintiff counsel of location of debris; adverse inference charge. (Posted: Apr 3, 2008) |
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[Criminal] Summary: Omnibus pre-trial motion; suppression; murder case; habeas corpus; prima facia case of homicide or conspiracy; suppression; vehicle leaving area where shotgun blasts originated; reasonable suspicion; probable cause to issue warrant; seizure of samples of hair and blood to identify foreign substances found on the defendant; withholding of co-defendant's exculpatory statement before preliminary hearing; prejudice. (Posted: Mar 27, 2008) |
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[Criminal] Summary: Post Conviction Relief Act petition; ineffective counsel; unlawfully induced guilty plea; suppression issue; mootness of voluntariness of statement issue; knowing and voluntary guilty plea. (Posted: Mar 25, 2008) |
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[Civil] Summary: Zoning appeal; occupancy permit denial; nonconforming use; abuse of discretion or error of law; abandonment; burden of proving abandonment; intent to abandon use; expansion of nonconforming use; sufficiently similar use; nuisance, per se. (Posted: Mar 25, 2008) |
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[Civil] Summary: Non-jury trial; trespass on property; deed description interpretation; location of right-of-way; ability to park vehicles on right-of-way; damages; attorney's fees. (Posted: Apr 3, 2008) |
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[Criminal] Summary: Omnibus pretrial order; motion to suppress; vehicle search; plain view doctrine; probable cause. (Posted: Apr 3, 2008) |
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[Criminal] Summary: Appeal; DUI; weight or sufficiency of evidence; suppression of video of stop; denial of jury trial request; petty crime. (Posted: Apr 3, 2008) |
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[Criminal] Summary: Appeal; rejection of plea agreement; discretion of the court; length of sentence; lack of treatment at the county prison; balancing needs of defendant with those of community. (Posted: Apr 3, 2008) |
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[Civil] Summary: Motion for summary judgment; slip and fall case; duty; obvious danger. (Posted: Mar 20, 2008) |
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[Criminal] Summary: Appeal; lifetime registration; mandatory nature of registration requirement where defendant pleads to two sexual offense counts at the same time. (Posted: Apr 3, 2008) |
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[Support] Summary: Exceptions to child support; children's horse-related activities; reasonable needs; economic reality of divorce. (Posted: Mar 13, 2008) |
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Last edited March 02, 2007 Questions or comments, contact the Webmaster. |
