Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → p2d → Volume 582

Opinions in p2d Volume 582

Upon our own motion, we dismiss this appeal for want of jurisdiction 1 in this court because the order from which the appeal is taken is not an appealable order. Our appellate jurisdiction is limited, springing, as it does, from statute. Smallwood v. Erlandson, 281 Or 699, 576 P2d 374 (1978); Andrysek v. Andrysek, 280 Or 61, 569 P2d 615 (1977); Lulay v. Earle, Wolfer, 278 Or 511, 564 P2d ...
Views: 6
This is an action for damages for timber trespass under ORS 105.810.1 The case was tried before the court, sitting without a jury. Plaintiff appeals from a judgment against defendants in the sum of $840, despite testimony as to the amount and value of the timber cut by defendants which, as conceded by plaintiff, supported the entry of a judgment in that amount.2 Plaintiff recognizes the general ru...
Views: 0
This is an action for delinquent rental payments due under a lease of logging equipment and also for the rental value of the equipment for a period of approximately two months following the expiration of the lease, during which possession of the equipment was withheld from plaintiff. The case was tried by the court, sitting without a jury. Defendants appeal from a judgment in favor of plaintiff. ...
Views: 1
Plaintiffs filed this suit for specific performance of an earnest money receipt wherein defendants agreed to sell to plaintiffs a house and small acreage in Washington County. The trial court allowed specific performance, and defendants appeal. We affirm. On June 1, 1976, defendants executed an earnest money receipt prepared by their realtor agent to sell plaintiffs the real property for $48,000, ...
Views: 0
This is a worker’s compensation occupational disease claim. The dispositive issue is whether the claim is compensable. The referee and Workers’ Compensation Board ruled that it was not. The circuit court ruled that it was. We agree with the referee and Board, and therefore reverse the circuit court. There is little dispute about the facts. Claimant began working as a crane operator in 1952. He ...
Views: 8
The sole issue presented in this workers’ compensation appeal is the extent of claimant’s disability. Claimant, aged 64, was employed as a property assessor when, in March, 1974, he injured his back while moving a desk. Claimant’s condition was initially diagnosed as low back strain superimposed on degenerative changes. His condition became worse and in August, 1974, he was found to be suffering f...
Views: 0
This is an appeal by defendant property owners from a judgment for the state in a condemnation proceeding. Defendants’ property, which is located along the Deschutes River in Sherman County, was condemned by plaintiff under the Scenic Waterways Act. Defendants contend that the trial court erred: (1) "in finding the taking of defendants’ property was necessary,” and (2) "in holding ORS 390.845(6)[1...
Views: 0
The sole issue presented in this appeal is whether the circuit court had jurisdiction to review in a declaratory judgment proceeding orders issued by the Land Conservation and Development Commission (LCDC) with respect to a review proceeding which LCDC conducted pursuant to ORS 197.300(l)(d).1 Briefly, the facts are as follows: On June 10, 1975, the Marion County Board of Commissioners adopted Zon...
Views: 0
Affirmed. Duncan v. OSCI, 35 Or App 81, 580 P2d 1047 (1978). Lee, J., dissenting opinion....
Views: 0
Defendant was charged in a two count indictment with burglary in the first degree and attempted rape. He was found guilty of both charges after a trial to the court. There are three assignments of error. Defendant contends the trial court should have merged his two convictions since the state proved defendant unlawfully entered the victim’s premises with the intent to commit rape. Secondly, defen...
Views: 4
The state appeals an order dismissing an information charging defendant with being an exconvict in possession of a firearm (ORS 166.270) on the grounds of former jeopardy. Defendant was charged in two separate informations, which were tried together to a jury upon the state’s representation that the charges arose out of the same incident. The first information alleged the defendant «* * * did unla...
Views: 0
Appellant’s parental rights in his daughter, bom December 3, 1972, were terminated under ORS 419.523(2).1 We review de novo on the record (ORS 419.561(4), 19.125(3)), giving due regard to the findings of the trial court, which had an opportunity to observe the witnesses. State ex rel Juv. Dept. v. Maves, 33 Or App 411, 576 P2d 826 (1978). The petition upon which the order in question was based was...
Views: 2
Petitioner seeks review of an order of the disciplinary committee, which found him guilty of violating Major Rule 13, OAR 291-40-050(13). 1 A charge of disruptive behavior (OAR 291-40-050(1)) was dismissed. He asserts that there was insufficient evidence to sustain the guilty conclusion. The essence of conspiracy under the rule is an agreement. The committee’s "FINDING OF FACT” ...
Views: 2
This is a proceeding to review a special assessment levied by the City of Tigard to pay for street repair and improvement. Petitioners Hiransomboon sought a writ of review in the circuit court concerning their $9,000 assessment. The circuit court upheld the assessment. We affirm. In the fall of 1974, the Tigard City council proposed the creation of a local improvement district (L.I.D.) for th...
Views: 0
Defendant was charged with custodial interference in the first degree, ORS 163.257, 1 tried by a jury, and convicted. The court suspended imposition of sentence and placed defendant on probation for five years. Defendant appeals. We affirm. Defendant’s first assignment of error is the trial court’s refusal to grant defendant’s motion, made on the day of trial, to appoint co-counsel to appear ...
Views: 3
Defendant was charged with theft of a rifle. The state, pursuant to ORS 136.080, appeals a circuit court order suppressing the rifle and certain other evidence seized from defendant’s automobile by the Caldwell, Idaho, Police Department. Defendant had been arrested in Caldwell. The automobile was searched pursuant to a search warrant which the parties now agree was invalid. The state contends, ho...
Views: 4
The state appeals suppression of evidence seized in a search made purusant to a warrant. The warrant was issued pursuant to the taped, sworn statement of a police officer, a transcript of the pertinent portions of which is set out in the margin.1 *626The sworn statement is replete with probable cause. However, the officer fails to specify the date ox time oí the prior purchase of drugs which serve...
Views: 0
In these two consolidated appeals, defendant challenges his jury conviction for Arson in the Second Degree, ORS 164.3151 and the subsequent revocation of his probation on an earlier charge. We affirm. Defendant first assigns as error the trial court’s refusal to allow defendant’s counsel to later exercise a peremptory challenge after failing to exercise the challenge in a timely manner. Permitting...
Views: 0
The issue in this case is whether Silver Wheel Freightlines is liable for damage to goods shipped by it from Portland to Salem, Oregon. The goods had originally been delivered to Republic Freight Systems, Inc. (Republic), a freight forwarder, in Alabama for shipment to Oregon. This action is brought under 49 USC § 20(11) (1970).1 Before trial, both parties moved for summary judgment pursuant to OR...
Views: 0
The issue in this appeal is whether defendant may raise as a defense in an action to collect a hospital bill the hospital’s responsibility to comply with requirements of 42 USC § 291 et seq (1970), commonly known as the Hill-Burton Act. The Act requires hospitals receiving federal funds to provide "a reasonable volume of services to persons unable to pay therefor.” 42 USC § 291c(e)(2) (1970); 42 ...
Views: 2
Defendant was indicted for and convicted of criminal activity in drugs and sentenced to five years’ imprisonment. By a separate count in the same indictment he was charged with the felony of carrying a dangerous weapon, ORS 166.220. As a result of a plea bargain accepted by the trial court, defendant was allowed to plead guilty to the lesser-included offense of attempting to carry a concealed weap...
Views: 0
Petitioner, Vic Cobum Evangelistic Association (VCEA) 1 seeks reversal of the hearing referee’s determination that VCEA is not a church within the meaning of OAR 471-31-090 and therefore, is subject to unemployment insurance payroll tax. Petitioner contends that there is not substantial evidence to support the hearing referee’s determination that VCEA is not a church within the meaning of ORS...
Views: 1
In this criminal case, defendant was charged with two counts of resisting arrest. ORS 162.315. Defendant pled not guilty and was found guilty of the first count (resisting the arrest of his wife) and not guilty of the second count (resisting his own arrest). ORS 162.315(1) provides: "(1) A person commits the crime of resisting arrest if he intentionally resists a person known by him to be a peace ...
Views: 3
The sole question in this Workers’ Compensation case is whether a claim for medical services performed with respect to a previously determined compensable permanent disability is barred by the five-year statute of limitations applicable to claims for aggravation. The referee, the Workers’ Compensation Board (Board) and the circuit court held that such a claim was not so barred. We affirm. The r...
Views: 0
Petitioner seeks reversal of an order of the Workers’ Compensation Board which denied his petition for distribution of settlement proceeds and in effect denied approval of a proposed settlement between him and a non-complying employer against whom he had brought an action in federal court. Petitioner sustained an injury while working in Oregon for a Washington corporation. His Washington compensat...
Views: 0
The Clackamas County Board of Commissioners seek judicial review of an order of the Land Conservation and Development Commission (LCDC), vacating and remanding an order by the commissioners granting a zone change. We reverse and remand. The zone change at issue was approved by the County Board of Commissioners on January 22,1976, and granted to Carmel Estates, Inc., by an order entered February...
Views: 4
By this appeal, plaintiff-appellant challenges the judgment of the district court in a case tried to the court only, finding against plaintiff on the question of liability in his damage action founded on defendant-appellee’s alleged negligent driving. As a basis for reversal, plaintiff raises four claims of error in the following order: 1.The trial court erred in finding the Wyoming guest ...
Views: 14
NATURE OF THE CASE The appellants, plaintiffs below, are Du-gal Dickerson, Domingo Goyhenex, Lavern Kinnison, Donald Pickering, Donald Scan-tling, and Dan Hanson, who sue in their capacities as taxpayers and residents of Johnson County, Wyoming. The appellees, defendants below, are The City Council of the City of Buffalo, Wyoming, The Board of County Commissioners of the County of Johnson, and The...
Views: 4
This appeal, from a district court reversal of an administrative decision rendered by the Board of Trustees of Northern Wyoming Community College District, located at Sheridan, Wyoming, concerns the application of a revised salary schedule to the appellee—a faculty member at the College. The district court found that the Board’s decision, denying appellee’s request that he be advanced on the 1976-...
Views: 0
Opinion This case presents two issues: Whether defendant trustees improperly denied plaintiff reappointment to his post as lecturer at a state university; and, if so, the nature of the remedy which will compensate plaintiff for his wrongful termination. The trial court found, inter alia, that in refusing to reappoint plaintiff, the trustees denied plaintiff the benefit of university rules...
Views: 11
Opinion Retiring after 26 years of military service, husband received a “disability” pension of 75 percent of his basic pay in lieu of a “retirement” pension at 65 percent of basic pay.1 Although a military “retirement” pension is a community asset (In re Marriage of Fithian (1974) 10 Cal.3d 592, 604 [111 Cal.Rptr. 369, 517 P.2d 449]), husband claims that his entire “disability” pension is his sep...
Views: 4
Opinion Security Pacific National Bank appeals a judgment for damages in favor of respondents, heirs of the estate of Florence McNaghten. This court must decide whether a bank’s failure to require the signatures of both of an estate’s co-executors for withdrawals from an estate account was sufficient to hold the bank liable for misappropriations from that account by one of the executors. ...
Views: 7
Opinion Petitioner Jackie Lee Wilson, presently incarcerated in the Los Angeles County jail, is representing himself in a pending criminal proceeding wherein he is charged with attempted escape and battery on a peace officer. By this petition for writ of mandate, he seeks to compel respondent Los Angeles County Superior Court to vacate its orders of October 11, 1977; November 7, 1977; and...
Views: 0
*832Opinion In this petition for writ of mandate plaintiff seeks to discover a report prepared by an expert employed by counsel for one of the defendants in the underlying personal injury suit. Defendant had originally intended to call the expert as a witness at trial, and hence, under the relevant statute and case law, the expert’s report would normally have been discoverable by plaintiff. In re...
Views: 0
OPINION Before BOOCHEVER, C. J., and RABI-NO WITZ, CONNOR, BURKE and MATTHEWS, JJ. The issues in this appeal, as characterized by appellant, are whether the sentencing court has authority to enforce specific sentencing recommendations and whether the Division of Corrections is required to follow specific sentencing recommendations of the trial court absent a demonstrated contravening...
Views: 2
OPINION Before BOOCHEVER, C. J., and CON-NOR, BURKE, and MATTHEWS, JJ. This case raises the issue of the propriety of a foreclosure sale in which a liquor license was ordered foreclosed by the trial court but was never sold. We reverse the decision of the trial court confirming the sale and establishing a deficiency judgment and remand to give the LeGrues the option of selling the li...
Views: 1
OPINION It is claimed that this case arises out of a labor agreement entered into between the Fairbanks Joint Crafts Council on the one side and the City of Fairbanks on the other. As will be developed below, the case in actuality is a jurisdictional dispute between two labor unions. Both the Teamsters’ Union and the Laborers’ Union are members of the Fairbanks Joint Crafts Council, which was one...
Views: 2
Thomas P. Wilson was convicted of first degree murder following a trial by jury, and he was sentenced to life imprisonment. In this sentence appeal, Wilson claims that the trial court erred in imposing the maximum sentence, and that it was error for the trial court to classify Wilson as the worst type of offender. The events leading to Wilson’s conviction took place in Delta Junction, where Wil...
Views: 7
This is an appeal by the Department of Revenue from the dismissal of its action by the Superior Court on the ground that the Department failed to bring its ease to trial under the provisions of A.R.S. § 42-152 A within ninety days. The Court of Appeals, Division One, 119 Ariz. 536, 582 P.2d 182 (App.1977), held that the statute was mandatory. It remanded for reconsideration by the Superior Cour...
Views: 2
On September 18, 1974 appellant was charged by information with two counts of first degree murder. Thereafter, he was found guilty by a jury on both counts, and he appealed to the Arizona Supreme Court. The original convictions were reversed. See State v. Macumber, 112 Ariz. 569, 544 P.2d 1084 (1976). At the second trial he was again convicted on both counts. This appeal is from the ...
Views: 9
Following a trial before the Superior Court of Yavapai County, the court found Ophelia Raestle to be a constructive trustee of real estate, (hereinafter referred to as the Brown homesite, See Appendix) and ordered Raestle to deliver a quit claim deed for the property to Amelia Marglin. Raestle appealed the judgment and order, and we have taken jurisdiction pursuant to rule 47(e), Rules of the S...
Views: 1
Appellant Frank Baldwin Davis, Jr., was found guilty by a jury of obstructing justice and assault with a deadly weapon. Imposition of sentence was suspended, and appellant was placed on probation for five years. As a condition of probation, appellant was required to spend six months in the Maricopa County Jail. Appellant was also ordered to spend thirty days in the custody of the Department of ...
Views: 3
OPINION The Department of Revenue brings this appeal from the dismissal of its action against Southern Union Gas Co. and the State Board of Tax Appeals for failure to bring its case to trial within 90 days. The Department had filed a pleading entitled “Notice of Appeal and Complaint” contesting the Board of Tax Appeals’ reduction in the valuation of Southern Union Gas Co.’s utility property for th...
Views: 0
OPINION This is an appeal from the judgment of the superior court sustaining an order of the appellee, the Employment Security Commission, now the Department of Economic Security, entered on January 18, 1973, requiring the appellant, Arizona College of the Bible, Inc. (ACB), to make wage reports and payments in lieu of contributions under the Employment Security Act *544of Arizona, A.R.S. § 23-601...
Views: 0
582 P.2d 195 (1978) Calvin C.F. LAU, Plaintiff-Appellee, v. VALU-BILT HOMES, LTD., Urban Development Company, Limited, and Kazuyoshi K. Nobuta, also known as Kenneth Nobuta and Richard K. Ho, Project Co-ordinator's Office, Inc., Defendants-Appellants. No. 5722. Supreme Court of Hawaii. June 30, 1978. *197 Stanley S. Mah, Honolulu (Sterry, Mah & Gallup, and Daniel A. Donegan, Honolulu, of coun...
Views: 1
582 P.2d 208 (1978) UNITED CONGREGATIONAL AND EVANGELICAL CHURCHES OF MOKU'AIKAUA AND HELANI, Plaintiff-Appellee, v. HEIRS OF Victoria KAMAMALU, Trustees of the Estate of Bernice Pauahi Bishop, Deceased, Department of Land and Natural Resources of the State of Hawaii, and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the Complaint ...
Views: 1
ON REHEARING The previous opinion in this ease is withdrawn and this opinion is hereby substituted. This appeal arises from an action to recover stock certificates pledged to defendant-appellant Idaho Bank and Trust Company (hereinafter IB&T). The district court granted summary judgment in favor of plaintiff-respondent L. Katharine Ogilvie (hereinafter respondent Ogilvie), holding that the pledge...
Views: 0
The opinion of the court was delivered by This is an appeal by the condemnor in an eminent domain proceeding from a jury award of $25,000.00. Appellant, Central Kansas Electric Cooperative, Inc., found it necessary to construct a 69,000 volt transmission line approxi *309 mately nineteen miles in length starting eleven miles north of Kinsley and running to a point southe...
Views: 0
The opinion of the court was delivered by This was an action by The Fourth National Bank and Trust Company, Wichita (the Fourth), appellee, against Mobil Oil Corporation (Mobil), defendant-appellant, for damages based upon Mobil’s refusal to purchase certain shares of stock of Marcor, Inc. (Marcor), pursuant to a written tender offer made by Mobil. The case was submitted on an agreed stip...
Views: 3
The opinion of the court was delivered by Harold Holder brought an action in the district *407 court against his former employer, Kansas Steel Built, Inc., to recover commissions due him together with damages for willful non-payment. Glen T. Childers, the president, a director and the controlling stockholder of the corporation, was joined as a party defendant. The action was tried and a jury ...
Views: 6
The opinion of the court was delivered by Donald McQueen and Elmer Hardyway, Jr., were jointly charged with participating in eight separate criminal incidents occurring between January 29 and March 9, 1975. The charges originally included 29 counts against one or both of these defendants. The charges arising from three of the eight criminal incidents were severed for separate trials. Thes...
Views: 0
The opinion of the court was delivered by All parties appeal from the judgment entered by the trial court in this contract action. The facts are complicated. We will state the controlling facts and the judgment entered, and then turn to the issues. In 1969, Andy Dominguez and his wife, Wanda Dominguez, leased a new building in the Westloop Shopping Center, in the west part of Manhatt...
Views: 1
The opinion of the court was delivered by This is an action to recover damages for personal injuries sustained in a collision between an automobile and a utility pole after the driver lost control of his car as the result of striking two chuckholes in a township road. The plaintiff, James Thomas, a minor, brought this action through his father and natural guardian, Eldon L. Thomas, agains...
Views: 8
224 Kan. 558 (1978) 582 P.2d 281 STATE OF KANSAS, Appellee, v. ROGER D. FOY, Appellant. No. 49,250 Supreme Court of Kansas. Opinion filed July 21, 1978. Jack W. Shultz, of Dodge City, argued the cause and was on the brief for the appellant. *559 Judd Dent, county attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee. The opinion of the cou...
Views: 16
This is an appeal from the dismissal as an abuse of *482 the remedy of petitioner’s second motion under K.S.A. 60-1507 to vacate her conviction of first degree murder. Petitioner was convicted in 1974 and appealed. She abandoned her direct appeal following the institution of her first 1507 action, in which she alleged that she had been denied effective assistance of counsel at her trial. The ...
Views: 2
The jury in this personal injury case entered a verdict for the plaintiff, James Scales (hereinafter referred to as “appellee”), finding appellee’s employer, International Multifoods, Inc. (hereinafter referred to as “Supersweet”), and defendant St. Louis-San Francisco Railway Company (hereinafter referred to as “appellant”), each guilty of 50 percent of the causal negligence resulting in the i...
Views: 1
Defendant William (Billy) Alan King appeals from a jury conviction of aggravated juvenile delinquency. K.S.A. 21-3611(l)(f). In March, 1977, the defendant was committed to the Youth Center at Topeka, Kansas. At that institution he was treated for psychological problems by psychiatrist Dr. Roman Rodriguez, who prescribed the medication Stelazine for him. Once before and twice after the drug regimen...
Views: 0
delivered the opinion of the Court. The defendants Wilson, Cripps and Schreiner have appealed from their convictions of committing the offenses of possession of dangerous drugs and defendant Wilson has appealed from his additional conviction of committing the offense of conspiracy to sell dangerous drugs. Subsequent to oral argument on this case but prior to our decision defendant Chr...
Views: 10
delivered the opinion of the Court. This appeal results from a post-conviction hearing wherein the Honorable Bernard W. Thomas denied defendant, Barbara Lee Henry, a reduction in her sentence of five years. Defendant, together with one Larry Wynia, were jointly charged by Information dated April 28, 1977, with two felony counts: Count I charged criminal possession of dangerous drugs; and Count II ...
Views: 3
delivered the opinion of the Court. *434This is a special proceeding involving the effect of a bankruptcy on a default judgment and a motion to dissolve a stay order. On September 7, 1976, plaintiff brought an action in the District Court, Cascade County, to recover damages for personal injuries suffered in an automobile accident, due to the alleged negligence of defendant. At the time of the acci...
Views: 3
delivered the opinion of the Court. Appeal by the appellant wife from a decree and judgment entered in a dissolution of marriage action, insofar as judgment relates to provisions for maintenance of the appellant wife. The decree was entered on December 30, 1976 in the Fourth Judicial District, Missoula County. This cause was submitted on briefs. Appellant, Velma Duke Capener, age 45 and respo...
Views: 6
delivered the opinion of the Court. Defendant appeals from an order of the District Court, Ravalli County, entered on April 8, 1977. In this order the court “clarified” its earlier order of October 6, 1975, regarding the testing procedure to be used to determine the organic content of peat material. Plaintiff in the present suit is M. V. “Si” Smith and defendants are Sam T. and Alice I. Foss,...
Views: 0
delivered the opinion of the Court. The Department of Health and Environmental Sciences (DOH) appeals from a judgment entered in the District Court of Gallatin County which mandated issuance of a license from DOH for petitioner’s junkyard business. The Department of Highways and the other respondents did not appeal from the judgment. In April 1976, petitioner was charged in the Gallatin County Jus...
Views: 0
delivered the opinion of the Court. This is an action for damages for the alleged breach of a written contract for the sale of an oil and gas lease. The same contract was the subject of previous litigation between these same parties. In Schlegel v. Moorhead (1976), 170 Mont. 391, 553 P.2d 1009, this Court unanimously affirmed dismissal of Schlegel’s complaint for specific performance. The facts wh...
Views: 0
delivered the opinion of the Court. This is an appeal from an order of the District Court of Lake County granting defendant’s motion to dismiss. In 1977, plaintiff Tim Yanzick was a tenured teacher in School District #23, Lake County, Montana, having taught there for seven years. On March 15, 1977, plaintiff received a letter from the Chairman of the School District’s Board of Trustees, which...
Views: 2
delivered the opinion of the Court. This is an appeal by the defendant Richard Clarence Pepperling from an order of the District Court, Thirteenth Judicial District, Yellowstone County, on July 2, 1976, denying the motion of the appellant Pepperling to withdraw his guilty plea and to vacate his sentence. His guilty plea was made on November 5, 1975 to a charge of burglary with increased punishm...
Views: 6
delivered the opinion of the Court. This is an appeal by defendant-appellant, Frank D. Lewis, from adverse rulings by the District Court of the Third Judicial District, Powell County, denying his motion for a new trial in one cause, and his motion to withdraw his plea of guilty in another cause. The cases have been consolidated for appeal. Here are the facts with respect to each cause: C...
Views: 15
delivered the opinion of the Court. *489 Respondents desired to plat two tracts of land, located within Stillwater County, which are part of the larger parcel, owned and subdivided by respondents. There is no dispute that the plats in question are “minor plats” within the meaning of the subdivision laws of the State of Montana, specifically section 11-3863(5), R.C.M.1947. On March 8, 1976, ...
Views: 1
ORDER In 1974, 1975, and 1976, there was widespread newspaper and television publicity concerning Grand Jury investigations concerning alleged improprieties in the operation of the Workmen’s Compensation Division of the State of Montana which could have involved professional misconduct with respect to the respondent. The Commission on Practice, with a concurrence of this Court, appointed counsel t...
Views: 0
ORDER In 1974, 1975, and 1976, there was widespread newspaper and television publicity concerning Grand Jury investigations concerning alleged improprieties in the operation of the Workmen’s Compensation Division of the State of Montana which could have involved professional misconduct with respect to respondent. The Commission on Practice, with a concurrence of this Court, appointed counsel to in...
Views: 0
582 P.2d 359 (1978) A-MARK COIN COMPANY, INC., Appellant, v. The ESTATE of LaVere REDFIELD, Deceased, Nell J. Redfield, Luana W. Miles and Candida Larena, Coexecutrices of the Estate of LaVere Redfield, Dorothy DesChamps, Rare Coin Galleries, a corporation and Bowers & Ruddy Galleries, a corporation, Respondents. No. 8769. Supreme Court of Nevada. July 26, 1978. Rehearing Denied September 28,...
Views: 1
*508 OPINION This is an appeal from a judgment of $10,082.04, entered after a jury verdict awarding respondent Huff compensatory and punitive damages for Nevada National Bank’s (NNB) wrongful repossession of his truck. NNB alleges four errors: 1) that the jury erred in concluding that the repossession was wrongful; 2) that there was insufficient evidence before the district court upon which t...
Views: 3
*547 OPINION By the Court, On March 9, 1976, Jack Miller, doing business as Jack’s Bail Bonds, attorney-in-fact for Wilshire Insurance Company, filed in the justices’ court a power of attorney and a bail bond in the amount of $5,000 to secure the release of Ron Cooper, a defendant in a criminal proceeding. After a change of plea, Cooper was scheduled for imposition of judgme...
Views: 0
OPINION On October 1, 1975, in the Eighth Judicial District Court, Clark County, Daniel Ray Brimage entered a solemn plea of guilty to two (2) separate counts of robbery (NRS 200.380) and use of a deadly weapon in the commission of those offenses (NRS 193.165). In April, 1977, Brimage petitioned the First Judicial District Court for a writ of habeas corpus for post-conviction relief contending (1)...
Views: 0
OPINION Appellant was convicted by a jury of the sale of a controlled substance (heroin), in violation of NRS 453.161 and 453.321, and subsequently sentenced to a term of fifteen years in Nevada State Prison, with credit for time served. His only contention on this appeal is that the evidence adduced at trial was insufficient to support his conviction. This contention is without merit. Two underco...
Views: 0
OPINION Defendant was convicted by a jury of unlawful taking of a vehicle. The Court of Appeals reversed the conviction. We reverse the Court of Appeals and reinstate the judgment of conviction. The dispositive issue is whether there is substantial evidence in the record to support the jury verdict as to the charge that the offense was committed between August 16 and 31, 1976. The Facts T...
Views: 3
OPINION New Mexico Bank & Trust Company filed a mortgage foreclosure action on several notes. The defendants included the Lucas Brothers partnership, maker of the notes, and Liberty National Bank. Liberty counterclaimed to foreclose a mortgage it held on the property. The trial court granted judgment in favor of the New Mexico Bank in the amount of $110,855.77 and in favor of Liberty in t...
Views: 0
OPINION After losing on his appeal from a conviction for first-degree murder, the petitioner-appellant urges this Court to reverse the order of the trial court denying him post-conviction relief, stating as grounds for such relief that he was denied his right to be present at all critical stages of his trial, alleging that he was not present when a supplementary instruction was read to the jury...
Views: 2
OPINION Defendant was convicted of kidnapping in the second degree, four counts of criminal sexual penetration in the second degree (two of sexual intercourse, one of anal intercourse and one of fellatio) and robbery. We answer two of the appellate issues summarily. We discuss § 40A-9-26, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp.1975) and how it was applied in this case. This discussion involves th...
Views: 11
OPINION Found to be, and sentenced as, an habitual offender, defendant appeals. We discuss: (1) applicability of Rule of Crim.Proc. 37; (2) trial court jurisdiction; (3) admission of documentary evidence; and (4) right of confrontation. Applicability of Rule of Crim.Proc. 37(b) Final judgment for defendant’s robbery conviction was entered November 20, 1976. A supplemental information, charg...
Views: 5
OPINION The widow sought death benefits under the Workmen’s Compensation Act. On the basis of affidavits and answers to interrogatories, the trial court granted defendants’ motion for summary judgment. Plaintiff appeals; we affirm. Assuming there was an issue of fact as to whether deceased was a “workman”, the summary judgment was proper because no compensation benefits were payable under...
Views: 0
OPINION Plaintiffs purchased residential real property from the Campbells. Alleging that they relied on an appraisal made by Hester and that this appraisal was erroneous, plaintiffs sought damages from Hester and the Campbells. The trial court denied the Campbells’ motion for summary judgment. It granted Hester’s summary judgment motion. Plaintiffs appeal the ruling in favor of Hester. We...
Views: 4
An appeal by J. H. Roberson, defendant, from a summary judgment in a replevin cause of action in favor of Riesinger’s Jewelers, Inc., plaintiff-appellee. As this is an appeal from a summary judgment, the facts are drawn from the pleadings, exhibits produced, and the affidavits of various parties involved. Plaintiff owned one ladies emerald diamond ring having the value of $1,148.00 on April 8, ...
Views: 0
The Petitioners-Appellees (Appellees) brought this action seeking a writ of mandamus to the Acting County Superintendent of Washington County (Appellant) ordering the Appellant to call an election to determine whether a portion of the Oglesby Dependent School District D-14 should be deannexed from that District and annexed to the adjacent Bartlesville Independent School District 1-30. A petition s...
Views: 0
582 P.2d 416 (1978) 283 Or. 69 MEDICAL BUILDING LAND COMPANY AND GOOD SAMARITAN MEDICAL BUILDING, Respondents, v. DEPARTMENT OF REVENUE, State of Oregon, Appellant. TC 1054; SC 25318. Supreme Court of Oregon, Department No. 1. Argued and Submitted March 7, 1978. Decided July 12, 1978. *417 Alfred B. Thomas, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James...
Views: 3
This is a suit to foreclose a mechanic’s lien placed upon defendant’s property by plaintiff, a contractor who performed extensive alterations and repairs upon the property. Plaintiff alleged that he was entitled to payment of a balance due for work performed under a contract between the parties and also for work performed for "extras” in addition to the work required by that contract. Defendant...
Views: 0
This worker’s compensation appeal presents two issues: (1) did the claimant suffer a new injury or an aggravation of a March, 1974, injury or both; and (2) was the claimant entitled to an award of a penalty and attorney fees because of the failure of his employer’s current insurer to pay him compensation or deny the claim within 14 days of the employer’s receipt of notice or knowledge of claimant...
Views: 1
This is an appeal by the state following a verdict and judgment for the defendants in a condemnation proceeding. In addition to awards for the value of two parcels of real property taken and for loss of crops on the property acquired, defendants also received an award of "special damages” on account of injury to defendants’ livestock alleged to have occurred as a result of having to move the stock...
Views: 1
582 P.2d 439 (1978) 35 Or.App. 427 BOWER TRUCKING and WAREHOUSE CO., a Washington Corporation, Respondent, v. MULTNOMAH County, a Political Subdivision of the State of Oregon, Appellant. No. A76-09-12309, CA 9276. Court of Appeals of Oregon. Argued and Submitted March 24, 1978. Decided August 1, 1978. *440 Charles S. Evans, Chief Deputy County Counsel, Portland, argued the cause for appellant. Wi...
Views: 0
Plaintiff seeks to recover for personal injuries allegedly sustained as a result of medical malpractice. This is an appeal from an order granting summary judgment to two physicians and the State Board of Higher Education. 1 Plaintiff’s cause of action, as stated in her fourth amended complaint, arose from the post-natal medical treatment administered following her premature birth i...
Views: 1
582 P.2d 452 (1978) 35 Or.App. 493 Connie M. GIBSON, Respondent, v. Lee JOHNSON et al., Appellants. No. A 76-02-02355; CA 7431. Court of Appeals of Oregon. Argued and Submitted September 23, 1977. Decided August 2, 1978. *453 Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem. L. R...
Views: 1
Defendant was given a uniform traffic citation and complaint for failure to perform the duties required of a driver involved in an accident causing only property damage. ORS 483.604. The offense is classified as a Class A traffic infraction. ORS 483.604(3); 484.365(3) 1 . Defendant moved for a jury trial, relying on Brown v. Multnomah County Dist. Ct., 280 Or 95, 570 P2d 52 (1977). The state ...
Views: 0
In this factually simple but procedurally unusual unemployment compensation case, petitioner seeks judicial review of a divided Employment Appeals Board decision which reversed rulings in her favor by the administrator and a referee with respect to two separate periods in the summer of 1977. We conclude that she was eligible for benefits during one period but not the other, and affirm the Board in...
Views: 0
Defendant appeals from his conviction after a jury trial of burglary in the first degree. ORS 164.225. He makes two assignments of error: (1) that the trial court erred in permitting the state to impeach a codefendant, called as its own witness, by evidence of prior inconsistent statements; and (2) that the trial court erred in failing to give defendant’s requested instruction on alibi. Only a bri...
Views: 0
Defendant was convicted for the burglary of a retail clothing store known as the "Cricket Cage,” which is located in Washington County. The sole issue on appeal is whether defendant’s motion to suppress his confessions and evidence seized should have been allowed. On September 23, 1976, the "Cricket Cage” was burglarized and a large quantity of clothing was taken. On September 30, 1976, a Multnoma...
Views: 0
Husband appeals the child custody and child support provisions of a decree of dissolution. He contends the court erred in denying his motion to disqualify the judge, in granting an order correcting the decree and in awarding custody of the children to the mother. In understanding and resolving the issues involved it is necessary to detail the somewhat confusing procedural history of this case. The...
Views: 2
Petitioners filed a petition with the Employment Relations Board under ORS 240.086(2) seeking to overturn a denial of salary increases. The petition was denied and they seek judicial review. Petitioners are classified employees in the State Forestry Department. Prior to May 1, 1976, each was employed as a Forest Technician 1. As a result of a restructuring-reclassification effective May 1, 1976, t...
Views: 0
Defendant pleaded guilty to unauthorized use of a motor vehicle, ORS 164.135, and was placed on probation by a judgment order entered May 3,1977. Thereafter, on January 4, 1978, the trial court revoked defendant’s probation and sentenced him to serve three years in the custody of the Corrections Division. The court further ordered that, as a condition of any parole the defendant might thereafter ...
Views: 0
Defendant appeals his conviction after jury trial of Burglary in the First Degree, assigning as error (1) the trial court’s allowance of certain impeachment testimony and (2) the trial court’s giving of instruction on flight. We reverse. Defendant was charged with being one of two perpetrators of a burglary of the Waldport Pharmacy on March 2, 1977. Eyewitnesses had observed one burglar (later ide...
Views: 3
Defendant, convicted after a jury trial of Robbery in the First Degree, ORS 164.415, 1 and sentenced to fifteen years, assigns two errors on appeal: First he claims that the indictment against him should have been dismissed because of the unexplained disappearance of traces of blood from the knife which was the weapon used in the robbery; second, he claims the trial court abused its discretion ...
Views: 0
Plaintiff, Ned Lee, a Provo City Policeman, was discharged from his employment for misconduct consisting of an extramarital association of some considerable duration with a female dispatcher in the same department. He pursued his right of appeal 1 to the Provo City Civil Service Commission which sustained his discharge, but only after a full hearing wherein the acts of misconduct were not disputed...
Views: 2
This is an action for declaratory and injunctive relief brought by plaintiffs who are active in the affairs of the Democratic Party in the State of Washington. Included are the chairwoman of the King County Democratic Central Committee, the chairmen of the Pierce County and Spokane County Democratic Central Committees, and several members of the Democratic Party of the State of Washington. Defenda...
Views: 0
90 Wn.2d 323 (1978) 582 P.2d 500 EVELYN N. KELLEY, Respondent, v. HOWARD S. WRIGHT CONSTRUCTION CO., Appellant. No. 44838. The Supreme Court of Washington, En Banc. July 27, 1978. *325 Williams, Lanza, Kastner & Gibbs, by Joseph J. Lanza, for appellant. Lembhard G. Howell, for respondent. HOROWITZ, J. This case raises the issue of the duty of a general contractor on a multi-employer jobsite t...
Views: 4
Nelson Construction Company of Ferndale, Inc. (Nelson Construction) appeals from the trial court's dismissal of its action against the Port of Bremerton for increased costs of dredging in Puget Sound at the site of a planned Port Orchard Marina. We affirm the dismissal. In September of 1971 the Port hired Reid, Middleton & Associates, Inc. (RMA), an engineering firm, to prepare detailed pl...
Views: 0
Defendant Gary Charles Eaton appeals his conviction of second-degree assault. RCW 9A.36.020(l)(b). On June 24, 1976, Teamsters Local No. 313 in Tacoma went out on strike. Defendant, a union member, drove truck for Cammarano Brothers, Inc., one of the owner-distributors affected by the strike. The union established picket lines around the Cammarano plant. These lines were respected until June 29 wh...
Views: 1
The International Brotherhood of Electrical Workers, Local 483 (Union) appeals from a summary judgment in favor of the City of Tacoma (City), ruling that a labor dispute between the City and the Union was not subject to arbitration. The union represents workers in the City of Tacoma Department of Public Utilities, Light Division. For a number of years, two day-shift load dispatchers were paid at 1...
Views: 1
20 Wn. App. 527 (1978) 582 P.2d 524 THE STATE OF WASHINGTON, Respondent, v. JAMES J. McNEIL, Appellant. No. 2320-3. The Court of Appeals of Washington, Division Three. June 27, 1978. As amended by order July 13, 1978. *528 Thomas Milby Smith, for appellant. Edwin J. Stanfill, Prosecuting Attorney, and Joshua F. Grant, Deputy, for respondent. [As amended by order of the Court of Appeals July 13, 1...
Views: 3
Tenancy in common, like marriage, can be an unhappy relationship and the process of dissolution may be prolonged, painful and expensive. *519 This is a partition action brought pursuant to RCW 7.52.010. The property was originally homesteaded by ancestors of the St. Martins. They now retain a one-fifth interest. The evidence reveals that it is an unusually complex property in its composition....
Views: 0
The Department of Social and Health Services appeals from an order of the Superior Court reversing a decision of the State Personnel Board which held that it had no jurisdiction to entertain an appeal of respondent herein, Harry J. Wahler, who had sought reinstatement rights, including back pay, as an employee of the Department. We reverse the order of the Superior Court and reinstate the order...
Views: 1
Defendants Terry Worland and Harold O'Flaherty appeal their convictions for unlawful possession of a controlled substance. RCW 69.50.401(c). We reverse. On March 20, 1976, police officers responded to a report that a Medic I unit had been called to the Angelus Hotel in Olympia to assist a man with a broken needle in his arm. On arrival, the officers saw defendant Worland at the top of the stairs o...
Views: 0
The State appeals from orders of the Cowlitz County Superior Court which suppressed evidence in two related criminal proceedings; the cases were consolidated for hearing in this court. We reverse. In each case the defendants were charged with felony possession of marijuana. The drugs were seized pursuant to search warrants for two apartments issued on the basis of a single affidavit contai...
Views: 1
In the early morning hours of April 13, 1974, the plaintiff, Sandra Cook, shot and killed her then husband, Norman Peterson. In September of 1975 she brought an action to quiet title to an undivided one-half interest in a home owned by the Petersons, which home was the subject of a community property agreement. Defendant, Natalie Gisler, appears as a guardian ad litem for three minor children of ...
Views: 0
Chester Clipse sued Michael Gillis and Kathleen McChesney for negligence and false imprisonment. He appeals from a summary judgment of dismissal. We affirm. This suit arises from the investigation, arrest, and prosecution of Clipse on a charge of rape. On October 3, 1973, a woman reported that she was raped in the back of a camper truck by a man who had given her and her cousin a ride as they h...
Views: 3
The defendant, William Gallo, was convicted by a jury of first-degree assault in Clark County Superior *720 Court. On appeal to this court, the defendant presents six assignments of error: (1) the trial court's failure to suppress a derringer as having been the product of an unlawful search; (2) the admission of testimony as to conversations overheard by the victim on the night preceding the sh...
Views: 7
Floyd F. Fulle, the receiver in the consolidated receivership of Overlook Heights Associates and Overlook Investors, appeals from a judgment that claim 6A of his complaint was barred by the statute of limitations. Boulevard Excavating, Inc., cross-appeals alleging that all of Fulle's claims are barred by the equitable doctrines of estoppel, waiver and laches. On April 15, 1969, Overlook Heights...
Views: 1
Defendant Larry Keith Bennett appeals his convictions of second-degree burglary and third-degree theft. We affirm. On the evening of January 4, 1977, at approximately 10 p.m., the Port Angeles police received a call from a local *785 tavern regarding an intoxicated patron. Upon arrival, the officers recognized the defendant and, because they were acquainted with him, elected to take him home....
Views: 1
delivered the opinion of the Court. Plaintiffs Timothy Lawlor and Judith Lawlor, husband and wife, brought this'action in the District Court, Flathead County, seeking damages pursuant to section 32-2904, R.C.M.1947, for defendants’ (County of Flathead and its Board of County Commissioners) alleged willful, intentional neglect in failing to remove an obstruction to a county road. This obstr...
Views: 6
Appointed counsel for Danial J. McKenney, an indigent defendant, appeals from an order granting $700 as attorney's fees on the ground the amount is inadequate. Mr. McKenney was charged with felony possession of a controlled substance. When he represented to the court that he was indigent, Tom G. Cordell of the Ephrata firm of Collins and Hansen was appointed by the court to represent him. ...
Views: 3
Appellant Linda Fletcher filed a claim with the Department of Labor and Industries on March 18, 1975, alleging that she sustained an injury in November 1974 while working in Yakima County. The Department denied her claim. The Board of Industrial Insurance Appeals affirmed the Department's decision and denied Fletcher's subsequent petition for review. Fletcher then appealed to the Superior ...
Views: 0
The defendant appeals from a conviction of unlawful imprisonment. RCW 9A.40.040. On September 22, 1976, as Sharon Kraemer, a high school sophomore, was walking home from school, a car pulled up and the driver asked her if she wanted a ride. She refused and made a mental note of the license number. The car drove on and later pulled up beside her again. As she started to walk across a lawn, the defe...
Views: 0
582 P.2d 583 (1978) RISSLER & McMURRY COMPANY, Appellant (Plaintiff below), v. WYOMING HIGHWAY DEPARTMENT, Appellee (Defendant below). No. 4882. Supreme Court of Wyoming. July 18, 1978. Harry E. Leimback and David B. Park, Casper, for appellant. V. Frank Mendicino, Atty. Gen., and Glenn A. Williams, Senior Asst. Atty. Gen., Cheyenne, for appellee. Before GUTHRIE, C.J., and McCLINTOCK, RAPER, ...
Views: 3
These appeals arise from a suit initiated by Winnibel Fehling (hereinafter the plaintiff) to collect $15,000.00 she claimed was due on certain promissory notes executed by Carl H. and Juanita M. Cantonwine (hereinafter the defendants) to the plaintiff and her husband. The trial court entered a summary judgment in favor of the plaintiff with respect to one-half of her claim, and a summary judgme...
Views: 4
This appeal emanates from a summary judgment dismissing appellant’s civil action for assault and battery on the ground that it is barred by the Wyoming one-year statute of limitations. 1 Appellant claims circumstances which would deny appellee’s resort to the statute or which would at least generate an issue of fact necessitating a trial. We will affirm the summary judgment. App...
Views: 3
21 Cal.3d 841 (1978) 582 P.2d 604 148 Cal. Rptr. 148 GERTRUDE COOPER, Plaintiff and Appellant, v. CLAUDE LEWIS BRAY et al., Defendants and Appellants; RUTH TASHMA, Defendant and Respondent. Docket No. L.A. 30865. Supreme Court of California. August 16, 1978. *843 COUNSEL Green, Royce & Seaman, Irving Green and Leonard Sacks for Plaintiff and Appellant. Buck, Molony, Nimmo & Ammirato, Buck...
Views: 18
*862 Opinion Petitioner, who served as Treasurer of the State of California from 1959 to 1967, seeks a writ of mandate directing respondent Board of Administration (Board) of the Public Employees’ Retirement System to compute his retirement benefit on the basis of the salary payable to the present Treasurer, rather than on the basis of the highest salary received by petitioner during his te...
Views: 9
582 P.2d 621 (1978) Gary STEVENS, Appellant, v. STATE of Alaska, Appellee. No. 3134. Supreme Court of Alaska. July 7, 1978. *622 Barbara J. Miracle and Mark Weaver, Asst. Public Defenders, Brian C. Shortell, Public Defender, Anchorage, for appellant. Glen C. Anderson, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for appellee. Before BOOCHEVER, C....
Views: 9
OPINION Before BOOCHEVER, Chief Justice, and RABINO WITZ, CONNOR, BURKE and MATTHEWS, Justices. Louis Gonzales was convicted of selling 1 heroin and sentenced to ten (10) years in prison. He appealed and we affirmed; however, we remanded for re-sentencing because the trial court improperly relied on the mandatory sentence provision of AS 17.10.200. 2 Gonzales v. State, 521 P.2d 512, *6...
Views: 6
OPINION Before BOOCHEYER, Chief Justice, and RABINOWITZ, CONNOR, BURKE and MATTHEWS, Justices. On January 23, 1976, near Homer, Alaska, Fish and Game Officers Hall and Robertson observed a moose kill site from the air. They went on foot into that general area and discovered another kill, approximately 500 yards from the residence of Spencer Ellsworth. A trail had been well beaten by snow mach...
Views: 0
A Pima County jury convicted the appellant, Cornelius James Still, Jr., of grand theft by false pretense. The Court of Appeals affirmed in a brief memorandum decision filed November 10, 1977. We accepted jurisdiction. Decision of the Court of Appeals vacated. Judgment of the Superior Court reversed. Appellant was engaged in the business of refining and selling silver to various merchants in the...
Views: 3
Petition for review granted. The opinion of the Court of Appeals as reported in 119 Ariz.App. 283, 580 P.2d 744 (App.1978) is approved and adopted as the opinion of this court. STRUCKMEYER, V. C. J., and HAYS, HOLOHAN and GORDON, JJ., concur....
Views: 0
OPINION This is an appeal from a partial summary judgment of foreclosure entered during the pendency of appellant’s counterclaim, and from dismissal of three counts of the counterclaim asserting federal antitrust claims. Judgment was entered pursuant to 16 A.R.S. Rules of Civil Procedure, Rule 54(b). We find no error and affirm. In 1969, Atlantic Richfield Company (Arco), a refiner a...
Views: 2
OPINION On September 2, 1976, Barbara Blakely’s van was stolen from a parking lot. Ten days later appellant was stopped for a traffic violation while driving the van in Phoenix, Arizona. A registration check was run on the vehicle which led to appellant’s arrest. After appellant was advised of his rights at the scene, he refused to answer any questions because he had “. fallen for it before . ....
Views: 1
OPINION After a trial to a jury, appellant was convicted of conspiracy, first degree; the imposition of sentence was suspended and he was placed on probation for five years. He raises two issues on appeal: 1. Whether the deportation of one of the co-defendants constituted a due process violation requiring the court to grant appellant’s motion for dismissal. 2. Whether the prosecutor’s sta...
Views: 2
OPINION The state presented evidence to a grand jury which showed that between the 24th and 28th of February 1977, appellant and several other cellmates committed acts of sodomy on one Charles Spindler in the shower stall of a jail cell in Pima County. The grand jury returned an indictment based upon this' evidence which stated: “On or about the 25th day of February, 1977, . . . TERRY MAX MIK...
Views: 5
OPINION This is an appeal by appellants William C. Anderson and wife who were the plaintiffs below from an order by the trial court granting the motion of appellee Fidelity Southern Insurance Company, defendant below, for the dismissal of plaintiffs’ appeal to the Superior Court from an arbitration award. This appeal presents one crucial question, namely, whether the trial court lack...
Views: 1
OPINION The issue in this workmen’s compensation case is whether the hearing officer abused his discretion when he determined that decedent employee’s death by an overdose of propoxphene was causally related to an industrial injury suffered in the course and scope of his employment with Reynolds Metals Company, the petitioner employer. Sherman Ballard, the decedent, injured his back ...
Views: 5
OPINION Division 1. The Department of Economic Security ruled that Manuel Valdez was temporarily disqualified from receiving unemployment benefits because be was discharged from his employment for insubordination. The ruling followed a determination that Valdez, without explanation, refused to follow reasonable instructions. The trial court reviewed the Department’s decision on the record and...
Views: 1
delivered the opinion of the Court. Nick Ernest Warren appeals his convictions by a jury of second-degree burglary, 1 conspiracy to commit burglary, 2 felony theft, 3 agravated robbery, 4 conspiracy to commit aggravated robbery, 5 and use of a deadly weapon in the commission of robbery, a “crime of violence.” 6 We reverse the convictions and remand for a new trial. The crimes char...
Views: 7
delivered the opinion of the Court. This appeal arises from the same trial involved in People v. Warren, 196 Colo. 75, 582 P.2d 663 and People v. Albers, 196 Colo. 66, 582 P.2d 667 announced contemporaneously with this opinion. A complete statement of the facts of the case is contained in People v. Warren. The appellant was convicted of second-degree burglary,1 conspiracy to commit second-degree b...
Views: 5
delivered the opinion of the Court. This appeal arises from the same trial involved in People v. Warren, 196 Colo. 75, 582 P.2d 663 and People v. Albers, 196 Colo. 66, 582 P.2d 667 announced contemporaneously with this opinion. A complete statement of the facts of the case is contained in People v. Warren. The appellant was convicted of second-degree burglary,1 conspiracy to commit second-degree b...
Views: 0
delivered the opinion of the Court. This appeal arises from the same trial involved in People v. Warren, 196 Colo. 75, 582 P.2d 663 and People v. Girard, 196 Colo. 68, 582 P.2d 666, announced contemporaneously with this opinion. A complete statement of facts is contained in People v. Warren. Appellant Albers was convicted of conspiracy to commit robbery. 1 We affirm. The appella...
Views: 6
delivered the opinion of the Court. The petitioners, acting as the Board of Education of School District No. 1 in Denver, dismissed the respondent, Barbara Lovett, from employment as a tenured teacher. She filed a petition for review in the district court, 1 and that court dismissed the petition. On appeal, the court of appeals reversed and remanded with directions. Lovett v. Blair, 39 Colo...
Views: 1
delivered the opinion of the Court. The defendant, Dennis Joseph Montoya, appeals the sentences imposed for his convictions of attempted manslaughter 1 and first-degree *113 assault. 2 The primary issue on appeal is whether the statutory penalty for first-degree assault, in the context of the present statutory scheme, is constitutional when applied to defendants who can establish that the...
Views: 11
delivered the opinion of the Court. The State of Arkansas is seeking to extradite appellant James Renton to answer a charge of capital felony murder. The trial court denied the appellant’s petition for writ of habias corpus which challenged the sufficiency of the requisition papers. We affirm the judgment. Appellant first contends that the requisition documents do not establish probab...
Views: 2
delivered the opinion of the Court. The controversy involved in these consolidated cases arose as a result of budgeting decisions made by the Mayor and City Council in the preparation and adoption of the 1976 budget for the City and County of Denver. In December 1975, the Manager of Safety and the Fire Chief of the City and County of Denver issued orders demoting sixty Fire Department...
Views: 2
delivered the opinion of the Court. The Public Utilities Commission (the Commission) and various carriers appeal a district court order overruling the Commission’s denial of common carrier status to the Plaintiff, C. M. Morey, doing business as Star Motor Lines (Star). While we agree that the Commission applied improper guidelines in its decision-making process, the proper remedy is to rem...
Views: 0
582 P.2d 694 (1978) Myles J. DOLAN and Loretta M. Dolan, Plaintiffs-Appellants, v. Nancy FLETT, the Public Trustee for the County of Jefferson and State of Colorado, General American Life Insurance Company, Defendants-Appellees, and Frank M. Cavanaugh, Defendant. No. 77-776. Colorado Court of Appeals, Div. II. May 4, 1978. As Modified On Denial of Rehearing June 1, 1978. *695 Myles J. Dolan, pro ...
Views: 5
582 P.2d 698 (1978) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Larry Antone GOETZ, Defendant-Appellant. No. 76-808. Colorado Court of Appeals, Division II. May 11, 1978. Rehearing Denied June 8, 1978. Certiorari Denied August 14, 1978. *700 J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Mary J. Mullarkey, Robert C. Lehnert, Asst. ...
Views: 5
OPINION OF THE COURT BY This appeal is from a judgment of the tax appeal court sustaining an assessment of the general excise tax upon payments made by a joint venture to Appellant, one of the members of the joint venture. During the periods involved, being *308 the calendar years 1971 and 1972, Appellant was a Hawaii corporation engaged in the operation of several hotels in ...
Views: 0
Appellant has petitioned for rehearing in this case upon the sole ground that the decision of this court was upon a question which had not been briefed or argued. The petition does not set forth any points or authorities relied upon to establish that the decision was erroneous. The contention of appellant in this appeal has been that the distribution of previously taxed income by a joint venture t...
Views: 1
*320 OPINION OF THE COURT BY This is an appeal from a judgment entered pursuant to a jury verdict returned in favor of plaintiffs-app ellees (hereinafter appellees) in a personal injury action. We conclude that the judgment must be reversed and the cause remanded for new trial. In their complaint, appellees alleged that appellant Rodney K. Willis negligently operated and/or ...
Views: 10
On May 30, 1975, appellant Idaho Power Company (hereinafter Idaho Power) applied to respondent Idaho Public Utilities Commission (hereinafter IPUC) for electrical service rate increases for its general and named special service contract customers. On July 3, 1975, Idaho Power also applied for electrical service rate increases for power supplied to Monsanto Company. Both applications were consol...
Views: 1
582 P.2d 728 (1978) 99 Idaho 382 STATE of Idaho, Plaintiff-Respondent, v. Johannes J. WOLFE, Defendant-Appellant. No. 12575. Supreme Court of Idaho. July 17, 1978. *729 John T. Ramstedt, Coeur d'Alene, for defendant-appellant. Wayne L. Kidwell, Atty. Gen., Arthur James Berry, Asst. Atty. Gen., Boise, for plaintiff-respondent. DONALDSON, Justice. This is an appeal from a ten year sentence for firs...
Views: 21
This is an appeal by a creditor from the denial of its claim against a decedent’s estate because it was barred by the nonclaim statute, K.S.A. 59-2239. The issue raised is whether a creditor may constitutionally be barred when the only notice given of the appointment of a decedent’s personal representative is publication notice in accordance with K.S.A. 59-2236. The creditor, Gano Farms, I...
Views: 3
delivered the opinion of the Court. Defendants appeal from a judgment of the District Court, finding that they were unjustly enriched by plaintiffs’ services and ordering them to make restitution to plaintiffs. Defendants Herschel and Beatrice Harding were the owners of a 270 acre ranch located in the Yaak area of Lincoln County, Montana. In March 1975, Herschel Harding telephoned the plaintiffs, ...
Views: 0
delivered the opinion of the Court. This is an appeal from an order of dismissal entered in the District Court, Cascade County. This action was commenced by a complaint filed on December 5, 1972, by plaintiff Timothy T. Calaway, against defendant Sid Jones. The complaint alleged Calaway leased land from Jones in 1971, to be seeded in potatoes. Jones agreed to provide irrigation for th...
Views: 1
582 P.2d 758 (1978) In the Matter of M.D.Y.R., a youth in need of care. No. 14011. Supreme Court of Montana. Submitted June 13, 1978. Decided July 7, 1978. Rehearing Denied August 3, 1978. *759 John Schaefers, Havre, Steve L. Bunch, Legal Ser., argued, Helena, Patricia Connell, St. Louis, Mo., argued, National Juvenile Law Center, for appellant. Mike Greely, Atty. Gen., Helena, Ronald W. Smith, C...
Views: 0
delivered the opinion of the Court. L.Y.R., the respondent parent, appeals from the order of the District Court, Twelfth Judicial District, Hill County, Montana, denying respondent’s motion for a new trial and from the original order entered in the District Court on January 12, 1977, declaring M.D.Y.R. a neglected youth in need of care and awarding her to the care, custody and control of the Depar...
Views: 8
delivered the opinion of the Court. Plaintiff appeals from a jury verdict in favor of defendant V.F.W. Club and from orders of the District Court granting directed verdicts in favor of defendants City of Bozeman & The Frater *539 nal Order of Eagles No. 326 (Eagles) in plaintiff’s suit for the death of his daughter. In the early morning hours of June 7, 1975, Mary Folda, ...
Views: 0
delivered the opinion of the Court. This is an Application for Writ of Supervisory Control or other appropriate writ. Relator, Joy V. Kaasa, is the petitioner for dissolution of marriage in civil cause no. 6228 in the District Court of the Seventeenth Judicial District, Phillips County. Her petition, with a request for division of the marital property, was heard November 5, 1976. After hearin...
Views: 2
delivered the opinion of the Court. This matter arises on the application and petition of relator, Charles A. Graveley, Lewis and Clark County Attorney, filed in this Court on May 2, 1978, for a writ of supervisory control. Relator seeks to have Jack B. Gehring’s bail bond revoked and dismissed, to have him remanded to the custody of the Sheriff of Lewis and Clark County, to have the appeal, in Ca...
Views: 0
delivered the opinion of the Court. This is an appeal from an order from the District Court, Fourth Judicial District, Sanders County, denying defendants’ motion for a change of place of trial from Sanders County to Missoula County. On June 10, 1977, the plaintiff filed his complaint, setting forth two claims against the defendants. The first claim alleges that in March 1975 the defendants en...
Views: 2
delivered the opinion of the Court. The defendant was tried for the crime of theft by a jury in Silver Bow County, Judge Freebourn presiding. From a verdict of guilty and the court’s admission of certain hearsay evidence, he appeals. On February 2, 1976, Butte police officers entered a residence at 1112 South Main Street in Butte pursuant to a search warrant based on information supplied by D...
Views: 5
concurring: We concur in the result....
Views: 0
OPINION By the Court, An information, filed March 8, 1978, charged Bibian Bona-facio Maes with sexual assault (NRS 200.364; NRS 200.366) and lewdness with a minor (NRS 201.230). After Maes was arraigned, he challenged the sexual assault charge by filing a pretrial petition for a writ of habeas corpus. Habeas was denied and Maes has appealed. The claim below, which is reasserted here, was that the ...
Views: 0
*697OPINION Appellant commenced this action seeking damages and to enjoin respondent from removing a billboard which respondent had placed on appellant’s property. At the conclusion of a trial without jury, the district court concluded (1) the billboard had been erected, through mutual mistake, on appellant’s property; and (2) respondent was the owner of the sign and entitled to remove it. The dis...
Views: 0
OPINION Rene Bruno has appealed from an order of the district court denying his motion to vacate a default judgment. *7131. On October 14, 1975, respondent, Doris Dianne Schoch, filed a complaint alleging that appellant had acknowledged his paternity of respondent’s illegitimate daughter, born October 19, 1974, and had promised to contribute to her support. Respondent sought medical expenses and s...
Views: 0
OPINION Appellant Ambassador Insurance Company issued a non-owner automobile insurance policy to respondent Roger *544Bozarth. Because he did not then own a vehicle, an operator policy was issued in lieu of an owner policy and provided protection for Bozarth when he operated vehicles owned by others. The policy was issued to satisfy the Nevada Motor Vehicle Safety Responsibility Act. NRS Chapter 4...
Views: 0
*525 OPINION This case involves the failure of plaintiff-appellant to prosecute his claim within the mandatory five year period provided in NRCP 41(e). The complaint was filed on April 26, 1971, and appellant was substituted as real-party-in-interest plaintiff on July 9, 1971, with an amended complaint showing such substitution filed on July 12, 1971. Trial was eventually set for...
Views: 0
OPINION This is an appeal from a post-judgment order denying Appellant’s motion to increase her child support payments. Appellant Mary Mclnnis and Respondent William Mclnnis were divorced after eight years of marriage. Appellant was awarded custody of the couple’s two children, then three and six, and was awarded $150.00 per month for their support. Payment of child support was to be made directly...
Views: 0
JUDGMENT This matter came on for hearing before the Court upon a report and recommendations of the Disciplinary Board after a hearing on formal charges pursuant to the rules of this Court governing discipline in Hearing Committee A of the Southern Disciplinary District. Upon consideration of the records and files herein, the Findings of Fact of the Hearing Committee and the Disciplinary Bo...
Views: 0
OPINION A declaratory judgment action was brought by Humana of New Mexico, Inc. (Hospital) seeking a declaration of the rights and responsibilities of the Hospital and the Board of County Commissioners of the County of Lea, New Mexico (Board) under the Indigent Hospital Claims Act (Act). §§ 13-2-12 et seq., N.M.S.A.1953 (Repl.1976). The Hospital in its petition alleged that since March 6, 197...
Views: 0
OPINION Appellant, Engine Parts, seeks to recover $17,370.00 either from Citizens Bank of Clovis (Clovis Bank) or alternatively from Citizens Bank of Albuquerque (Albuquerque Bank). The trial court entered judgment in favor of Engine Parts against the Clovis Bank and dismissed its action against the Albuquerque Bank. The Court of Appeals reversed. We affirm in part and reverse in part. ...
Views: 1
OPINION The defendant appealed his conviction of trafficking in heroin. The Court of Appeals addressed three issues: (1) the unavailability of the informer at trial; (2) entrapment as a matter of law; and (3) jury selection. The Court of Appeals declined to hold for the defendant in each of the three issues. The defendant then applied for a writ of certiorari on the third issue, jury selectio...
Views: 2
OPINION Plaintiff Pablo Guerra (Guerra) filed suit for workmen’s compensation against the defendant Phelps Dodge Corporation (Phelps). The trial court dismissed the claim on the ground that Guerra had settled the claim along with a previous compensation case between the parties. The Court of Appeals held for Guerra and awarded him attorneys fees for the appeal. We reverse the Court of App...
Views: 2
OPINION Defendants were each charged with multiple counts of issuing worthless checks in violation of §§ 40-49-4 and 5(B), N.M.S.A. 1953 (Repl. 1972) and one count of conspiracy in violation of § 40A-28-2, N.M.S.A. 1953 (Repl. 1972). Defendant Eller entered into a plea and disposition agreement with the district attorney which provided that the defendant would plead guilty to all counts in ex...
Views: 3
OPINION Defendant was arrested and charged with homicide by vehicle while under the influence of intoxicating liquor contrary to § 64-22-1, N.M.S.A.1953 (2d Repl.Vol. 9, pt. 2, 1972). He was taken from the scene of the automobile accident to the Bernalillo County Medical Center by a State Police officer. Defendant refused to consent to a blood sample being taken and the officer directed the tec...
Views: 0
OPINION Appellant, Charles Olen Thomsen, hereinafter referred to as defendant, was charged in the District Court, Dewey County, Case No. CRF-75-34, with the offense of Murder in the Second Degree, in violation of 21 O.S.1971, § 701.2. The defendant was tried *830 by a jury, convicted and sentenced to ten (10) years to Life in the State penitentiary. From this judgment and sentence a timely ap...
Views: 6
Wife appeals the portion of a decree of dissolution which awarded to husband the family residence pursuant to an antenuptial agreement. Wife further contends the court erred in distribution of certain personal property and in denying her attorney fees. This was the second marriage for husband and the third for wife. She had the custody of three minor children by a previous marriage. Husband own...
Views: 2
Affirmed. State v. Palmer, 35 Or App 125, 580 P2d 592 (1978)....
Views: 0
In these two consolidated cases, defendant appeals convictions for Forgery in the First Degree. He assigns as error (1) an adverse ruling in the trial court as to the sufficiency of the evidence to make out a charge of Forgery in the First Degree, (2) refusal to dismiss one of the charges on double jeopardy grounds, and (3) error in imposing a minimum sentence. The sentence imposed was erroneous, ...
Views: 0
This is an appeal by wife from an order modifying the terms of a decree of dissolution entered on July 26, 1974. She contends that the trial court erred in failing to increase the child support in a sufficient amount and in failing to allow a sufficient amount for her attorney fees in the modification proceeding. Husband and wife had two children, aged 8V2 and 7 years of age. Wife was awarded cust...
Views: 0
This is a petition for judicial review of a decision of the Employment Appeals Board (Board) affirming the decision of the referee denying claimant unemployment benefits. The Board ruled that claimant was disqualified under ORS 657.176(2)1 because she had "voluntarily left her work without good cause.” Claimant contends that she quit her employment due to "an erosion of integrity and credibility” ...
Views: 0
This is a suit for declaratory and injunctive relief by which the Housing Authority and Urban Renewal Agency of Lane County seeks to preclude the county commissioners from transferring the powers and duties of the Authority to itself or to any other public body. The circuit court granted the Authority’s motion for summary judgment and entered an order declaring that the Board of Commissioners was ...
Views: 1
This is an appeal from a denial of defendant’s motions to set aside a default order and decree. We reverse. Plaintiff in this declaratory judgment proceeding sought a declaration that his operation of a rock quarry on his property was lawful and asked for a decree enjoining defendant from seeking an injunction to prohibit plaintiff’s operation of the quarry. 1 The complaint was filed on Augus...
Views: 0
This is a class action by which plaintiffs, representing a class of water users numbering in excess of 1,600, sought declaratory judgment determining their rights under certain “deeds of perpetual water rights” issued to members of the plaintiff class by Defendant Utah-Idaho Sugar Company, pursuant to contracts entered into between said members of the class and said defendant. From judgment ent...
Views: 0
Bobby Lathen Binford appeals a judgment and sentence entered following his conviction of escape in the second degree. We affirm. The juvenile department of the Lewis County Superior Court declared appellant a delinquent minor as defined by RCW 13.04.010. The resultant order, entered 21 days prior to his 18th birthday provided: That the Court does hereby extend jurisdiction of Bobby Lathen Binford ...
Views: 3
This is an action to secure repayment of a loan. The two principal issues presented pertain to the statute of limitations and the applicability of the long-arm statute to the third-party defendant, Janice Goldberg. We affirm the action of the trial court in granting judgment to the plaintiffs against Alan Goldberg, and also the granting of a judgment for contribution in favor of Alan Goldberg a...
Views: 0
Defendant Strand and Clifford Dodd were convicted felons who were permitted to live outside the penitentiary in a halfway house. On November 21, 1976, they became involved in two altercations with each other. In the first, Strand sustained minor injuries. Dodd returned to a dining room table, where he continued working on his drawings. Strand went downstairs to a washroom to clean up the bleeding...
Views: 2
Benjamin Malone appeals from judgment and sentence entered upon a jury verdict finding him guilty of second-degree rape, RCW 9.79.180, and a subsequent finding by the trial court that he is a habitual criminal as defined in RCW 9.92.090. We affirm. Reversal of the rape conviction is first urged because the trial court removed the alleged victim's estranged husband from the courtroom during her ...
Views: 3
This is an action brought in November 1975, to quiet title and to obtain judicial confirmation of the forfeiture of a real estate contract. As an affirmative defense the defendant purchaser, Arthur Perry, alleged that he lacked the mental capacity to enter into the contract. Perry's counterclaims alleged: (1) trespass, (2) tortious interference with his contractual relations with his tenants, (3) ...
Views: 0
The State appeals from an order granting the defendant William Raymond Kelly's motion to dismiss made at the conclusion of the State's case. Kelly has filed a personal restraint petition which will be considered as a pro se supplemental brief. He contends that an appeal by the State violates the double jeopardy clause of the fifth amendment to the United States Constitution, and that he has bee...
Views: 1
This is an appeal from a judgment of the King County Superior Court which dismissed, for want of jurisdiction, an appeal from the decision of Cascade Sewer District confirming an assessment roll for a utility local improvement district. Affirmed. *752 The procedure for an appeal from the confirmation of an assessment roll is specifically provided by RCW 56.20.080, which is designed to allow p...
Views: 1
Plaintiffs brought an action for the breach of an oral lease and option to purchase real estate agreement *839 and obtained a verdict for damages. The trial court granted defendants' motion for judgment n.o.v. Plaintiffs appeal. Issues Issue 1: Whether the trial court erred in granting a judgment n.o.v. for defendants on the basis that enforcement of the oral lease and op...
Views: 0
Appellant Rodriguez was convicted of second-degree burglary. Prior to trial, a suppression hearing was held to determine whether his consent to a search had been given. Two issues are raised on this appeal: (1) whether Rodriquez' consent to a warrantless search was voluntary, and (2) whether the evidence was sufficient to support a verdict. The trial court found the consent voluntary and the ev...
Views: 0
William Tonasket appeals from a denial of a writ of mandamus through which he sought to disqualify the City of Omak Police Court Judge and to reverse his subsequent conviction on the grounds that the judge did not have jurisdiction after an affidavit of prejudice had *874been filed. We disagree and affirm. There is no provision at this time requiring a police court judge in a third-class city with...
Views: 0
Defendant appeals- from a conviction for driving while his license was suspended. The facts are undisputed: 1. Defendant's driver's license was suspended for 60 days, effective as of September 14, 1976, following a conviction of driving while intoxicated. *8692. On November 6, 1976, defendant mailed a check to his insurance company for insurance coverage for 6 months. 3. November 13, 1976, was the...
Views: 0
(concurring) — I concur in the majority opinion insofar as it holds there is a sufficient showing here of excusable neglect to require reinstatement of the appeal. In addition, however, I feel the philosophy expressed in the Rules of Appellate Procedure should be applied to appeals from district court. RAP 1.2(a) provides: Interpretation. These rules will be liberally interpreted to promote justic...
Views: 0
specially concurring, with whom McCLINTOCK, J., joins. I would agree that the district court judgment must be affirmed—the appellants simply failed to establish the required elements of adverse possession. As stated by the district court, the appellants “did not make use of said tract in such open, notorious and exclusive manner as to establish their right to the property by adverse possession . ....
Views: 0
21 Cal.3d 671 (1978) 582 P.2d 920 148 Cal. Rptr. 329 SUN 'N SAND, INC., et al., Plaintiffs and Appellants, v. UNITED CALIFORNIA BANK, Defendant and Respondent. Docket No. L.A. 30636. Supreme Court of California. July 20, 1978. *678 COUNSEL George DeRoy and Hochman, Salkin & DeRoy for Plaintiffs and Appellants. Gendel, Raskoff, Shapiro & Quittner and Richard S. Berger for Defendant and Res...
Views: 12
Opinion This is an appeal by Rudine B. LeMons from a judgment exonerating respondents, Dr. Paul Ward and the Regents of the University of California, of any liability for medical malpractice. This court must decide whether the trial court committed prejudicial error in *872instructing the jury on the issue of contributory negligence when no evidence was introduced at trial to support such a charg...
Views: 0
Opinion Plaintiffs appeal the decision of the trial court granting summary judgments in favor of defendants in consolidated personal injury actions. We affirm dismissal of the complaint against the individual defendants, but reverse the summary judgment granted to defendant County of Sacramento (County). The individual defendants are two police officers who, while acting within the s...
Views: 5
21 Cal.3d 888 (1978) 582 P.2d 957 148 Cal. Rptr. 366 In re TONY C., a Person Coming Under the Juvenile Court Law. KENNETH F. FARE, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. TONY C., Defendant and Appellant. Docket No. Crim. 20142. Supreme Court of California. August 24, 1978. *891 COUNSEL William T. Harter, under appointment by the Supreme Court, for Defendant and Appe...
Views: 20
Holding that exercise of a “due-on clause” upon outright sale of real property unreasonably restrains that sale, the majority opinion either misreads or rejects the very decisions on which it relies, particularly Tucker v. Lassen Sav. & Loan Assn. (1974) 12 Cal.3d 629 [116 Cal.Rptr. 633, 526 P.2d 1169]. Additionally, the majority opinion awards the owner of encumbered real property a bonus in that...
Views: 1
21 Cal.3d 910 (1978) 582 P.2d 980 148 Cal. Rptr. 389 WILLIAM NEAL, as Administrator, etc., Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellant. Docket No. L.A. 30775. Supreme Court of California. August 25, 1978. *917 COUNSEL Gage & Cooper, Sanford M. Gage, Aitken, Bradshaw & Andres, Wylie A. Aitken and Leonard Sacks for Plaintiff and Appellant. William Camusi,...
Views: 23
22 Cal.3d 12 (1978) 582 P.2d 1000 148 Cal. Rptr. 409 THE PEOPLE, Plaintiff and Respondent, v. WILLIAM HARRIS KING, Defendant and Appellant. Docket No. Crim. 20380. Supreme Court of California. August 29, 1978. *15 COUNSEL Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Ezra Henson and Tanya Neiman, Deputy State Public Defenders, for Defendant an...
Views: 16
*3 Opinion Appellant, Air Technical Industries, Inc., and respondent, Bruce G. Davis, were codefendants in this products liability action. Both were held strictly liable for damages caused by a defective elevator manufactured by Air Technical and sold by Davis. The trial court ordered Air Technical to indemnify Davis for all damages awarded to the plaintiff and to reimburse Davis...
Views: 28
OPINION Appellant Donald Morgan was indicted, in a two-count indictment, for the crimes of escape 1 and first degree murder. 2 Prior to trial, Morgan moved to withdraw his not guilty pleas to both counts. The motion was granted by the superior court. Morgan then pled guilty to both counts and was sentenced to life imprisonment upon his conviction of first degree murder. The superior court’s...
Views: 72
OPINION This is an appeal from a sentence which was imposed by the superior court following Donald Morgan’s pleas of guilty to the crimes of escape1 and grand larceny.2 Mor*1032gan received a sentence of three years imprisonment on the escape conviction and five years on the grand larceny conviction. The five year term was made to run consecutively to the escape term, which, in turn, was to run co...
Views: 1
OPINION This is an appeal from the Superior Court’s amendment of defendant’s sentence after the entry of a written judgment and commitment and from the sentence imposed. Davis David Shagloak was arrested on July 5, 1976 and charged with burglary in *1036an occupied dwelling in violation of AS 11.20.080. He was subsequently indicted on that charge and pleaded guilty. Judge Lewis orally sentenced S...
Views: 0
with whom RABINOWITZ, Justice, joins, concurring. In Footnote 12 of the opinion, it is stated: For sentence review purposes, we must consider the entire sentence imposed without regard to possible parole dates. I agree that we must consider the entire sentence imposed, but I also consider it entirely appropriate to consider realistic probabilities of parole....
Views: 0
delivered the opinion of the Court. The petitioner, Albertson’s, Inc., appeals from a district court judgment of wrongful termination of employment of an employee. The court of appeals affirmed. 40 Colo. App. 198, 574 P.2d 114 (1977). We granted a petition for writ of certiorari and now reverse. The terms and conditions of Albertson’s employment of respondent were governed by a collec...
Views: 1
delivered the opinion of the Court. The sheriff for Pueblo County sued the Board of County Commissioners of Pueblo County (the board) seeking an increase in his 1976 annual budget. After trial to the court, a judgment was entered ordering certain increases and alterations in the budget. On appeal, the board argued for reversal on the ground that the trial court exceeded its jurisdiction. We agr...
Views: 2
582 P.2d 1057 (1978) William Michael JONES, Plaintiff-Appellant, v. Cecil D. DRESSEL, Zita A. Dressel, Robert L. Clark, Flightcraft, Inc., and Free Flight Sport Aviation, Inc., Defendants-Appellees. No. 77-070. Colorado Court of Appeals, Div. I. March 16, 1978. Rehearing Denied April 13, 1978. Certiorari Granted August 14, 1978. *1058 L. B. Ullstrom, Edward J. Rau, Denver, for plaintiff-appellant...
Views: 1
582 P.2d 1059 (1978) WALKER ADJUSTMENT BUREAU, Assignee, Plaintiff-Appellant, v. WOOD BROS. HOMES, INC., a corporation, Defendant-Appellee. No. 76-870. Colorado Court of Appeals, Division I. May 4, 1978. Rehearing Denied June 1, 1978. Certiorari Granted August 8, 1978. *1060 Louis A. Weltzer, David L. Worstell, Nederland, for plaintiff-appellant. George Alan Holley & Associates, Sharon S. Met...
Views: 0
This appeal is a sequel to Neilsen & Co. v. Cassia & Twin Falls County oint Class A School District 151, 96 Idaho 763, 536 P.2d 1113 (1975) (hereinafter Neilsen), involving a public works contract for the construction of the Burley Junior High School. The controversy concerns a specialty subcontract bid to perform a portion of the general contract construction project. The district court granted s...
Views: 0
I. This appeal involves questions of a governor’s vetoes of two bills passed by the Idaho Legislature in 1976 and forwarded to the Governor for his consideration only after the close of the legislative session. The precise question applicable to both bills is whether the Governor’s vetoes were ineffective because not within the time limitation placed upon his veto power by Article 4, § 10, Idaho C...
Views: 0
This is an appeal from an order of summary judgment entered in favor of plaintiff-respondent Farmers and Merchants State Bank in an action to collect upon a promissory note against defendant-appellant G. K. Lloyd, also known as Gary K. Lloyd. We affirm. The following facts are established and unquestioned. On various occasions since November 6, 1972, Lloyd has borrowed sums of money from the bank....
Views: 1
This case involves a dispute between John W. Nelson, a farmer, and Dale D. Armstrong, a dealer in farm equipment. The trial court held that Armstrong fraudulently induced Nelson to purchase a tractor and that Nelson suffered damages of $2,820. The court professed to deny Armstrong’s counterclaim for the balance due on the price of the tractor and other equipment sold to Nelson, but effectively ...
Views: 3
The opinion of the court was delivered by This is an action by the plaintiff, Belger Cartage Service, Inc., for damage to its crane as a result of an accident which occurred on April 4, 1972. Defendant, Holland Construction Company, counterclaimed for damage to its conveyor and for loss of earnings therefrom. Following a bench trial, the trial court granted judgment to the defendant on it...
Views: 4
The opinion of the court was delivered by This action was commenced by the plaintiffs, Southeast Kansas Landowners Association, an unincorporated association composed of more than 230 persons owning more than eighty per cent of the land over which proposed, toll roads are to be routed, and Kent Radcliff, Phyllis Clayton, and Lynn Swearingen, individually and as representatives of a class ...
Views: 2
The opinion of the court was delivered by This is an action brought individually and derivatively by James G. Newton, plaintiff-appellee, against Hornblower, Inc., a Kansas corporation, Hornblower, Ltd., a Kansas limited partnership, Hanover House, Inc., a Kansas corporation, E. H. Gubser and Edward I. Cohen. Judgments were entered in favor of plaintiff in varying amounts and in connectio...
Views: 1
The opinion of the court was delivered by This is a review of a decision of the Court of Appeals contained in an unpublished opinion which affirmed in part and reversed in part the judgment of the Thomas district court. The issue before us is the validity of a number of inter vivos transfers of real and personal property by the survivor of a joint, mutual and contractual will. P. A. Theimer...
Views: 1
Plaintiffs, Mr. and Mrs. Justin D. Hill, Jr., brought this action in mandamus to compel the governing body of the City of Lawrence to open a portion of Broadview Drive, a platted street which dead-ends, at their property line. Alternatively they prayed for a declaratory judgment that they are entitled to use the street in its unopened state for vehicular access to their property. Certain landow...
Views: 0
In an action commenced for liquidation of partnership assets and for an accounting, the trial court made findings of fact in relevant portion as follows: “1. Plaintiff and Defendant were partners in the real estate business, and dissolved the partnership by mutual agreement on or about the 1st day of May, 1975. “2. That each partner was to share 50% of partnership profits and bear 50% of part...
Views: 0
This is an appeal from an order of unrestricted wage garnishment entered in proceedings initiated by the Johnson County District Court Trustee per K.S.A. 23-496. At issue are: (1) Is there an appealable order? (2) Is wage garnishment for past due child support an exception to the restrictions set forth in K.S.A. 60-2310(b)? The parties were divorced by decree entered July 10, 1975. Plaintiff wa...
Views: 1
delivered the opinion of the Court. Plaintiff, a police officer with the City of Great Falls, Montana, was charged with the theft of two bicycles from the Great Falls Police Department storage area during October 1974. Charges were initiated before the Police Commission of the City of Great Falls and the officer suspended December 26, 1974. On February 19, 1975 the Commission was comprised of Jose...
Views: 0
delivered the opinion of the Court. This appeal is from the issuance of a temporary restraining order and the denial of a motion to quash by the Honorable Arnold Olsen, District Court, Silver Bow County. Courts become involved in all types of fights — dog fights, fence fights, church fights, school fights and street fights. This case arose because defendant parked his car in such a ma...
Views: 3
delivered the opinion of the Court. Defendant William John Collins was charged in the District Court, Cascade County, with the offense of deliberate homicide. Upon his plea of not guilty, after trial, the jury returned a verdict of guilty of mitigated deliberate homicide. Judgment of conviction was entered, and defendant was sentenced to imprisonment for a term of forty years. From judgment and de...
Views: 1
delivered the opinion of the Court. Employer (Zook Brothers Construction Co.) and Plan II insurer (Argonaut Insurance Co.) appeal from the Workers’ Compensation Court’s amended findings of fact, conclusions of law, and judgment of January 25, 1978, finding claimant to be permanently and totally disabled and awarding him compensation, attorney fees, and costs. This appeal marks the sec...
Views: 6
582 P.2d 1195 (1978) STATE of Montana, Plaintiff and Respondent, v. Gloria Ray EAGAN, Defendant and Appellant. No. 13440. Supreme Court of Montana. Submitted June 5, 1978. Decided August 2, 1978. *1196 Patrick J. Kelly (argued), Miles City, David J. Patterson, Missoula, for defendant and appellant. Mike Greely, Atty. Gen., Allen B. Chronister, Asst. Atty. Gen. (argued), Helena, Denzil R. Young, C...
Views: 5
delivered the opinion of the Court. Liberty Mutual Insurance Company, the insurance carrier for the employer, General Host Corporation, appeals from an order of the Workers’ Compensation Court determining claimant, Betty Hutchison, had suffered a compensable injury and was entitled to compensation and medical benefits. *83Liberty Mutual first contends claimant suffered no compensable injury becaus...
Views: 0
delivered the opinion of the Court. Appéllant, Billy Naray Evans, filed a petition for writ of habeas corpus in District Court, Cascade County, alleging he was sentenced for an offense in disregard of an immunity agreement. A hearing on the petition was held on July 18, 1977. On October 19, 1977, the District Court, Honorable H. William Coder presiding, issued a memorandum opinion and order denyin...
Views: 0
582 P.2d 1216 (1978) The STATE of Montana, Plaintiff and Appellant, v. Dale BRACKMAN, Defendant and Respondent. No. 13971. Supreme Court of Montana. Submitted May 4, 1978. Decided August 4, 1978. Rehearing Denied September 12, 1978. *1217 Mike Greely, Atty. Gen. (argued), Brenda Gilmer, Asst. Atty. Gen. (argued), Helena, Charles Graveley, County Atty., Michael T. McCabe, Deputy County Atty. (argu...
Views: 25
delivered the opinion of the court. *121 Defendants were adjudged liable to plaintiff in the amount of $15,925 plus interest in Meagher County District Court. This is an appeal from that judgment and from an order denying defendants’ motion to amend the findings of fact and conclusions of law. Maurice Holliday is the owner and manager of Holliday Land and Livestock Co. of Martinsdale, Monta...
Views: 0
delivered the opinion of the Court. This is an action 'for malicious prosecution brought by John Orser and Charles Tecca against three state game wardens, the Montana Fish and Game Commission, and the State of Montana. The District Court, Park County, granted defendants’ motion for a *129 directed verdict and dismissed the case against them. Plaintiffs’ motion for rehearing was denied, and th...
Views: 1
delivered the opinion of the Court. Defendants appeal from the judgment of the District Court, Silver Bow County, awarding plaintiff his court costs and $1,500 in attorney fees as “damages”, assessed equally against each defendant. This case arose out of the teachers’ strike in the Butte School District on May 13, 1977. Plaintiff filed a class action suit for an injunction on May 16, 1977. Pl...
Views: 2
delivered the opinion of the Court. This is an appeal from the judgment of the District Court, Yellowstone County, affirming an order of the Board of Labor Appeals awarding unemployment compensation to striking employees of the Continental Oil Refinery at Billings, Montana. There is little dispute in the facts concerning these compensation claims. In January 1975, negotiations broke d...
Views: 3
Defendant, Thurman J. Musgrove, was charged with the crime of deliberate homicide, a felony, in the District Court, Fourth Judicial District, Mineral County, arising out of the death of John Linker, at Tarkio, Montana, on May 7, 1976. Defendant entered his plea of not guilty of the charge. He was tried in the District Court, before a jury, and on February 5, 1977, a verdict was returned finding th...
Views: 0
delivered the opinion of the Court. Defendants appeal from an order of the Deer Lodge County District Court denying relief from a default judgment and denying their motion for a new trial. On or about August 14, 1976, plaintiffs, as lessees and defendants as lessor, executed an agreement entitled Lease and Sales Right Agreement. This agreement gave the plaintiffs immediate possession of KDRG Radio...
Views: 0
delivered the opinion of the Court. Relator, Richard K. Jennings, has applied to this Court for a writ of supervisory control to be directed to the District Court of the Third Judicial District, Deer Lodge County, and to Honorable Robert J. Boyd and Honoroable Arnold Olsen. The application concerns *188jurisdiction over child custody proceedings initiated in Montana by relator’s former wife, Sandr...
Views: 0
delivered the opinion of the Court. Plaintiff appeals from a judgment of the Lincoln County District Court that the Public Service Commission did not have jurisdiction over municipal sewage systems and the sewage rates as set by the Town of Eureka were not arbitrary or discriminatory. We hold the Public Service Commission does have jurisdiction over municipal sewage rates and accordingly, the issu...
Views: 0
delivered the opinion of the Court. Appeal from a judgment against appellant Jack C. Holloway in the Fourth Judicial District Court, Missoula County. Holloway sought a declaratory judgment that he was entitled to a Masters of Business Administration degree from the University of Montana. He alleged his candidacy for the degree and that the University refused it for the sole reason he had fail...
Views: 2
OPINION This is a workmen’s compensation action originally commenced in Bernalillo County by Mary Ann Garcia (plaintiff) against her employer, Genuine Parts Company and its insurer Sentry Insurance Company (defendants). The trial court found that the plaintiff was permanently disabled and awarded plaintiff maximum benefits under the Workmen’s Compensation Act, § 59-10-1, et seq., N.M.S.A....
Views: 0
OPINION Plaintiffs-appellants, Frank Torres, Ernest Trujillo and Ernie Romero (hereinafter Torres) brought suit in the Lincoln County District Court against the Village of Capitán and the Village Trustees (hereinafter Village) seeking to invalidate an annexation of contiguous land by the Village. The court denied Torres’ motion for summary judgment on the pleadings and entered judgment on a sti...
Views: 3
OPINION This cause presents the question of whether or not the trial court after appointing commissioners in an action for partition, pursuant to § 22-13-1 ef seq., N.M.S.A. 1953, may contravene the recommendation from the commissioners without first filing findings of fact and conclusions of law expressing the reasons for not following such recommendation. We vacate the trial court’s order and re...
Views: 1
OPINION Plaintiffs brought suit in the San Miguel County District Court to quiet title to a tract of land within the Pecos Pueblo Grant. Defendants answered and counterclaimed for a decree quieting title in them to a one-third undivided interest of the real property claimed exclusively by the plaintiffs. The trial court sitting without a jury found for plaintiffs and entered a decree quieting titl...
Views: 0
OPINION The prior opinion filed in this case on July 10, 1978 is hereby withdrawn and this opinion substituted therefor. The trial court found that this child committed a delinquent act- — the offense of larceny of less than $100, a misdemeanor. That court also found the child to be in need of care and rehabilitation, although there was no evidence received at the trial except that which rela...
Views: 4
OPINION Respondent, Mark Halladay, brought this action seeking damages for injuries incurred as a result of a fall from the top of a ear driven by petitioner, Chris Handley. The trial court granted summary judgment for petitioner. The Court of Appeals reversed and remanded for trial. We granted the petition for writ of certiorari and now reverse the Court of Appeals. We affirm the trial c...
Views: 0
OPINION Defendant was charged with alternative counts of first and second-degree murder for the shooting death of his former wife. The primary issue at trial was whether the evidence presented as to the state of mind of the defendant warranted an instruction to the jury on the lesser-included offense of voluntary manslaughter. After trial by jury the defendant was convicted of first-degree mu...
Views: 3
OPINION Defendant Utter appeals his jury conviction for child abuse resulting in death contrary to § 40A-6-1C, N.M.S.A.1953 (2d Repl. Vol. 6, Supp.1975). We affirm. The defendant presents two points for reversal: (1) a jury instruction allowing the jury to find child abuse resulting in death in six alternative ways deprived Mr. Utter of his right to a unanimous verdict; and (2) the admission of de...
Views: 0
OPINION Plaintiff sued defendant for negligence. Plaintiff and defendant were employee and employer, but the employer had not complied with the provisions of the Workmen’s Compensation Act. This case was submitted to the trial court on a stipulation of facts, a deposition of plaintiff and affidavits filed. Judgment was entered for plaintiff and defendant appeals. We affirm. The parti...
Views: 1
OPINION Defendant was convicted of CSP II (criminal sexual penetration in the second degree) and aggravated battery. Subsequently, an enhanced sentence was imposed upon defendant as an habitual offender. Defendant’s appeal presents one issue — that the CSP II in this case is the same offense as criminal sexual contact, that equal protection of the law was violated by submitting to the jury the sec...
Views: 0
OPINION This appeal involves: (1) effective representation of counsel and (2) motion to withdraw guilty pleas. Defendant was charged with, and pled guilty to, four counts of criminal sexual penetration in the second degree. Defendant was given a diagnostic commitment. Section 40A-29-15(C), N.M.S.A.1953 (2d Repl. Vol. 6). Effective Representation of Counsel The diagnostic report to the tri...
Views: 1
This action was brought by Gene I. Gard and Don Allan Gard, plaintiffs [appellants], lessors herein, to cancel oil and gas leases for failure of lessees, Herman George Kaiser, Francis Oil & Gas Inc., Fell and Wolfe Oil Company, Jene Eichenberg, Mildred Sanditen, Renee Neuwald, Rose Schlanger, Adolph Neuwald, and Walter Kaiser, all General Partners, d/b/a Kaiser-Francis Special Account “B”, a Ge...
Views: 1
Involved here is the question of whether we should reverse a finding and order of the State Election Board striking the name of petitioner Tom Daxon from the state ballot in the general election to be held on November 7, 1978, as the Republican party candidate (nominee) for the office of State *1316 Auditor and Inspector. We determine we should assume original jurisdiction and reverse such find...
Views: 0
Petitioner, a declared candidate for District Judge, Seventh Judicial District, Oklahoma County, ’Office No. 14, seeks mandamus to require the State Election Board to strike the name of Intervenor, Joe Cannon, who filed his declaration for the same office, from the November, 1978, general election non-partisan judicial ballot; or in the alternative, command the Board to conduct an evidentiary hear...
Views: 0
OPINION The appellant, Jimmy Wesley Tabor, hereinafter referred to as defendant, was charged, tried before a jury, and convicted in the District Court, Sequoyah County, Case No. CRF-75-232, of the offense of Murder in the Second Degree. The defendant was sentenced to a term of not less than ten (10) years to life imprisonment under the direction and control of the Department of Corrections of the ...
Views: 0
OPINION The appellant, Robert Dale Miller, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-76-4587, of the offense of Larceny of Merchandise From a Retailer, in violation of 21 O.S.1971, § 1731. His punishment was fixed at three (3) years’ imprisonment. Due to the nature of the assignments of error, only a brief recitatio...
Views: 0
dissenting: In his third assignment of error the defendant complains that the State introduced evidence of other crimes. The information charged the defendant with the larceny of fishing tackle belonging to Mr. Charles Sartén, but at the trial three people identified fishing tackle as having been stolen from them: Mr. Sartén, Mr. James Bea-le and Ms. Christine Burns. The majority holds the testimo...
Views: 0
OPINION Appellant, Roger Wayne White, hereinafter referred to as defendant, was charged, tried and convicted by a jury of Conspiracy to Commit Unlawful Delivery of a Narcotic, in the Muskogee County District Court, Case No. CRF-76—247. Punishment was assessed at five (5) years’ imprisonment and a fine of Fifteen Hundred Dollars ($1,500.00). From said judgment and sentence the defendant has perf...
Views: 0
An appeal by Leo J. Davis, defendant, from the order of the trial court vacating plat restrictions on lots owned by plaintiffs-appellees, Perdue Housing, Inc. and the Housing Authority of the City of Wewoka, Oklahoma. Plaintiffs are the record owners of one hundred twenty-four lots on six blocks in the Foresee Addition to the City of Wewo-ka. Plaintiffs brought suit against the City of Wewoka and ...
Views: 0
This is a suit under the Oregon Anti-Price Discrimination Law, ORS 646.010 et seq., between competitors in the ready-mix concrete industry in Deschutes and Jefferson Counties. Plaintiff’s complaint seeks damages and an injunction based upon allegations that defendants engaged in "geographic” price discrimination in violation of ORS 646.040(1). 1 Defendants denied liability and allege...
Views: 4
This action of ejectment is before us on remand from the United States Supreme Court. The issues involve the title to the bed of certain navigable portions of the Willamette River. Prior opinions of this and other courts contain the lengthy history of this litigation. 1 By now many issues previously raised have been either finally determined or abandoned. We may, therefore, now disre...
Views: 0
Plaintiff, the operator of an automobile body repair shop in Coos Bay, Oregon, sued defendant insurance company for general and punitive damages for injuries alleged to result from defendant’s wrongful practices in directing insurance claimants to have repairs made at body shops other than plaintiff’s. The complaint pleaded causes of action grounded in two theories: First, tortious interference...
Views: 11
Defendant was charged with two counts of resisting arrest by aiding and abetting, and one count of assault in the third degree. After a trial to a jury, she was convicted of both counts of resisting arrest and acquitted of assault. Defendant appeals, asserting seven assignments of error. The case arose out of the arrest of the driver of a pickup truck for driving while intoxicated. Defendant an...
Views: 6
This is a writ of review proceeding challenging the action of the Washington County Board of County Commissioners (Board) denying tentative approval of a proposed subdivision plat submitted by Commonwealth Properties, Inc. (Commonwealth). 1 The circuit court held that the Washington County Comprehensive Framework Plan was not applicable to the proposed subdivision and, alternatively, that even ...
Views: 1

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up