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All Reporters → p3d → Volume 376
Opinions in p3d Volume 376
Opinion of the Court by
This case arises out of Civil Beat’s request for the disciplinary records of twelve Honolulu Police Department (HPD) officers who were suspended for at least twenty days for various types of misconduct. HPD denied the request, and Civil Beat filed suit. The State of Hawaii Organization of Police Officers (SHOPO) intervened as a defendant. The circuit court1 found in favor ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO
Docket No. 42053-2014
MELENE JAMES, )
) Boise, April 2015 Term
Plaintiff-Appellant, )
) 2016 Opinion No. 36
v. ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO
DOCKET NO. 42999
RICHARD THOMAS WRIGHT, )
)
Plaintiff-Appellant-Cross Respondent, )
Boise, April 2016 Term
...
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Page 70
IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 111,375
STATE OF KANSAS,
Appellee,
v.
LUTHER JOHNSON,
Appellant.
...
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Page 99
06/21/2016
DA 15-0504
Case Number: DA 15-0504
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 154
IN...
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Page 105
delivered the Opinion of the Court. ¶1 On November 3, 2014, following a dispositional hearing, C.C. was involuntarily committed to the Montana State Hospital for a period of ninety days. She appealed the Nineteenth Judicial District Court’s order, arguing it lacked a sufficiently detailed statement of facts to justify her commitment. We vacate, reverse and remand. FACTUAL AND PROCEDURAL BACKGROUND...
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Page 105
07/19/2016
DA 14-0749
Case Number: DA 14-0749
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 174
IN THE MATTER OF:
C.C.,
...
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07/19/2016
DA 15-0441
Case Number: DA 15-0441
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 175
LA...
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07/19/2016
DA 15-0528
Case Number: DA 15-0528
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 173
J. RUS...
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Page 121
07/19/2016
DA 15-0748
Case Number: DA 15-0748
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 176
IN RE THE ...
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07/26/2016
DA 16-0010
Case Number: DA 16-0010
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 180
IN THE MAT...
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Page 132
07/26/2016
DA 15-0040
Case Number: DA 15-0040
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 177
STA...
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Page 139
07/26/2016
DA 15-0072
Case Number: DA 15-0072
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 178
STATE OF MO...
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07/26/2016
DA 15-0786
Case Number: DA 15-0786
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 179
ST...
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OSCN Found Document:IN THE MATTER OF THE REINSTATEMENT OF GILL
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OSCN Found Document:IN THE MATTER OF THE REINSTATEMENT OF DRAIN
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1 1 In a medical malpractice action we are asked to review orders excluding testimony from plaintiffs' two expert witnesses and a summary judgment granted to defendants based upon the excluded testimony. We conclude the testimony should not have been excluded. We reverse the orders of the District Court exeluding the testimony and granting summary judgment, and remand the cause for further proceed...
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OSCN Found Document:STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MIRANDO
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OSCN Found Document:STATE ex rel. OKLAHOMA BAR ASSOCIATION v. AUER
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OSCN Found Document:STATE ex rel. OKLAHOMA BAR ASSOCIATION v. AUER
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with whom Kauger, J., joins, concurring: The problem with this gist is exactly the same prqblem that I pointed out in my dissent in In re Initiative Petition No. 403, 2016 OK 1, 367 P.3d 472, wherein I stated, "The gist is dead on arrival,. Along with the unconstitutionality of Initiative Petition No. 403, the gist or proposed ballot title deceives potential signatories and potential voters. I wou...
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Page 255
16 April 7, 2016 No. 20
IN THE SUPREME COURT OF THE
STATE OF OREGON
STATE OF OREGON,
Petitioner on Review,
v.
JESUS R. PRIETO-RUBIO,
Respondent on Review.
(CC 11693CR, 112523CR;
...
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Page 267
No. 25 April 21, 2016 147
IN THE SUPREME COURT OF THE
STATE OF OREGON
Jennifer J. BAKER,
Personal Representative of
the Estate of Tyler R. Baker,
Respondent on Review,
v.
Matthew A. CROSLIN,
...
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No. 45 July 14, 2016 1
IN THE SUPREME COURT OF THE
STATE OF OREGON
Roman KIRYUTA,
Respondent on Review,
v.
COUNTRY PREFERRED INSURANCE COMPANY,
Petitioner on Review.
(CC 130101380; CA A156351; SC S063707)
En Banc
On review from the Court of Appeals.*
...
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10 July 14, 2016 No. 46
IN THE SUPREME COURT OF THE
STATE OF OREGON
EASTERN OREGON MINING ASSOCIATION;
Guy Michael; and Charles Chase,
Petitioners on Review,
v.
DEPARTMENT OF ENVIRONMENTAL QUALITY;
Dick Pederson, in his capac...
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Page 294
This case presents a question of first impression regarding the reach of Oregon’s first-degree criminal mistreatment statute, which, among other things, makes it a Class C felony for any person who has assumed the care of an elderly person to “take[] the [elderly person’s] money or property for, or appropriate the money or property to, any use or purpose not in the due care and lawful execution of...
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Page 301
Mother appeals from the trial court’s judgment granting grandmother’s petition for visitation with her child. We conclude that the court failed to make the requisite finding that grandmother rebutted, by clear and convincing evidence, the statutory presumption that mother acted in the best interest of the child when mother denied grandmother visitation with the child. ORS 109.119(3)(b). Accordingl...
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Page 316
Defendant appeals a judgment of conviction, following a jury trial, for sexual abuse in the second degree in violation of ORS 163.425.1 The jury found defendant guilty for knowingly subjecting the minor victim to deviate sexual intercourse without her consent. In his first assignment of error, defendant argues that the trial court erred when it denied his motion for judgment of acquittal because t...
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Opinion
T1 Jay R. Stocks appeals the district court's denial of his motion to set aside a default judgment under rule 60(b)(1) of the Utah Rules of Civil: Procedure. Stocks's proposed defense below was that the four-year statute of limitations for actions on an "open account" barred any claim against him for the unpaid balance on his credit card account, See Utah Code Ann. § T8B-2-307(1)(c) (Lexi...
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2016 UT App 102
THE UTAH COURT OF APPEALS
TELEGRAPH TOWER LLC AND JARED CHRISTIANSEN,
Appellants,
v.
CENTURY MORTGAGE LLC, ET AL.,1
Appellees.
Opinion
No. 20140489-CA
Filed May 12, 20...
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Page 346
Per Curiam Decision ~ _TI~R.T. (Mother) appeals the termination of her parental rights.. We affirm, T2 "[In order to overtirn the juvenile court's decision [to terminate a persoh’s parental rights,] 'the result must be against the clear weight of the evidence or leave the appellate court with a firm and definite con*348viction that a mistake has been made, " In re B.R., 2007 UT 82, ¶ 12, 171 P.3d ...
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Page 346
Per Curiam Decision ~ _TI~R.T. (Mother) appeals the termination of her parental rights.. We affirm, T2 "[In order to overtirn the juvenile court's decision [to terminate a persoh’s parental rights,] 'the result must be against the clear weight of the evidence or leave the appellate court with a firm and definite con*348viction that a mistake has been made, " In re B.R., 2007 UT 82, ¶ 12, 171 P.3d ...
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¶1 Petitioner H.O. asks us to reverse the Court of Appeals’ decision affirming the termination of her parental rights. She argues that the State failed to prove two prerequisites to termination, one statutory and one constitutional. The statutory prerequisite is codified at RCW 13.34.180(1)(d); it requires the State to prove that it has offered and provided “all necessary services, reasonably avai...
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¶1 Central Puget Sound Regional Transit Authority (Sound Transit) condemned property owned by Airport Investment Company (AIC) in order to secure easements to construct and operate an elevated light rail. The parties could not agree on the amount of just compensation for the taking, so the matter proceeded to trial. AIC contends it is statutorily entitled to attorney fees because Sound Transit fai...
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Page 382
¶1 This case requires us to determine if Alsco Inc. is a “retail or service establishment” (RSE) under chapter 49.46 RCW for purposes of an exemption to the overtime pay requirement. See RCW 49.46.010(6). The trial court granted the employees’ motion for summary judgment regarding entitlement to overtime pay, finding that Alsco is not an RSE for purposes of the overtime pay *360exception. In grant...
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Filed
Washington State
Court of Appeals
Division ...
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FILED
APRIL 28, 2016
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHING...
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Filed
Washington State
Court of Appeals
...
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¶1 Ronald Malone pled guilty to possession of a controlled substance—methamphetamine. At sentencing the judge imposed both mandatory and discretionary legal financial obligations (LFOs) on Malone. On appeal, Malone presents four arguments: (1) the trial court erred when it imposed discretionary LFOs without an on-the-record inquiry into Malone’s ability to pay, (2) the mandatory DNA1 collection fe...
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Page 447
¶1 — Under the General Cemetery Act, chapter 68.50 RCW, the right to control the disposition of human remains, in the absence of evidence of a decedent’s expressed wishes regarding the disposition of that person’s remains, “vests in” an “order named” that places the decedent’s surviving spouse at a higher level of statutory kinship priority than the decedent’s surviving parent.1 When a private req...
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Filed
Washington State
Court of Appeals
...
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FILED
June 2, 2016
In the Office of the Clerk of Court
WA State Court of Appeals, Division Ill
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
...
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
UNITED AIRLINES, INC., a Delaware
corporation, No. 73606-0-1 rso o
C=3 t^C5
• •
...
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ORDER OF SUSPENSION WITH PROBATION [T1] This matter came before the Court upon an "Amended Report and Recommendation for Order of Suspension with Probation," filed herein June 18, 2016, by the Board of Proféssional Responsibility for the Wyoming State Bar, pursuant to Rule 12 of the Wyoming Rules of Disciplinary Procedure (stipulated discipline). The Court, after a careful review of the Board of P...
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376 P.3d 477: Board of Professional Responsibility, Wyoming State Bar v. Clay B. Jenkins, WSB 5-2249
Page 477
IN THE SUPREME COURT, STATE OF WYOMING
2016 WY 64
April Term, A.D. 2016
June 29, 2016
BOARD OF PROFESSIONAL
RESPONSIBILITY, WYOMING
STATE BAR,
Petitioner,
D-16-0002
v....
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*484ORDER OF SUSPENSION WITH PROBATION [T1] This matter came before the Court upon an "Amended Report and Recommendation for Order of Suspension with Probation," filed herein June 18, 2016, by the Board 'of Professional Responsibility for the Wyoming State Bar, pursuant to Rule 12 of the Wyoming Rules of Disciplinary Procedure (stipulated discipline). The Court, after a careful review of the Board...
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IN THE SUPREME COURT, STATE OF WYOMING
2016 WY 66
April Term, A.D. 2016
June 29, 2016
BOARD OF PROFESSIONAL
RESPONSIBILITY, WYOMING
STATE BAR,
Petitioner,
D-16-0003
v.
...
Views: 0
IN THE SUPREME COURT, STATE OF WYOMING
2016 WY 76
APRIL TERM, A.D. 2016
August 2, 2016
RYAN RUSSELL WEBSTER,
Appellant
(Defendant),
v. S-15-0252
THE STATE OF WYOM...
Views: 0
IN THE SUPREME COURT, STATE OF WYOMING
2016 WY 74
APRIL TERM, A.D. 2016
August 2, 2016
ALEXANDRA MEINERS, as Personal
Representative of the Estate of Theodore
Meiners,
Appellant
(Plaintiff),
...
Views: 0
IN THE SUPREME COURT, STATE OF WYOMING
2016 WY 77
APRIL TERM, A.D. 2016
August 3, 2016
JONMICHAEL GUY,
Appellant
(Plaintiff),
v.
ROBERT LAMPERT, Wyoming
S-15-0237
Departmen...
Views: 1
Opinion
Plaintiff Timothy Sandquist and the various defendants here are parties to an arbitration agreement. A salient question is whether that agreement permits or prohibits arbitration on a classwide basis. Here we must answer a question one step removed—who decides whether the agreement permits or prohibits classwide arbitration, a court or the arbitrator? The question has divided the many sta...
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Page 528
Filed 8/1/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S139103
v. )
)
BAILEY LAMAR JACKSON, )
...
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Page 604
Filed 8/1/16
IN THE SUPREME COURT OF CALIFORNIA
ROBERT C. BARAL, )
)
Plaintiff and Respondent, )
) S225090
v. )
) Ct.App. 2/1 B253620
DAVID SCHNITT, ...
Views: 1
Page 617
Filed 8/4/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S215914
v. )
) Ct.App. 6 H039330
JEFFREY MICHAEL MORAN, ...
Views: 0
Filed 8/8/16
IN THE SUPREME COURT OF CALIFORNIA
CITY OF MONTEBELLO, )
)
Plaintiff and Respondent, )
) S219052
v. )
) Ct.App. 2/1 B245959
ROSEMARIE VASQUEZ et al., ...
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Page 639
Dismissed and remanded to CA 2/7.In light of the decision in Montgomery v. Louisiana (2016) --- U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599, review in the above-entitled matter is dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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Page 639
**639Dismissed and remanded to CA 6.**640In light of the decision in Montgomery v. Louisiana (2016) ---U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599, review in the above-entitled matter is dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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Page 640
Filed 8/11/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S130659
v. )
)
CRAIGEN LEWIS ARMSTRONG, )
...
Views: 0
Page 659
Filed 8/11/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S179181
v. )
) Riverside County
MICHAEL RAY BURGENER, ...
Views: 0
Opinion
A class action employment lawsuit settled before trial for $19 million, with the agreement that no more than a third of that recovery would go to class counsel as attorney fees. In seeking the trial court’s approval of the settlement, class counsel sought the maximum fee amount, $6,333,333.33. After considering information from class counsel on the hours they had worked on the case, appli...
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Order Bar Counsel for the Alaska Bar Association and attorney Loren K. Stanton entered into a stipulation for discipline by consent that would result in Stanton's three-year suspension from the practice of law in Alaska, The Bar Association's Disciplinary Board approved the stipulation and now recommends that we do so, as well, and so suspend Stanton. The facts of Stanton's misconduct are set fort...
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IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
DOMINIQUE M., Appellant,
v.
DEPARTMENT OF CHILD SAFETY, J.M., A.M., Appellees.
No. 1 CA-JV 15-0032
FILED 7-12-2016
Appeal from the ...
Views: 0
IN THE
ARIZONA COURT OF APPEALS
DIVISION TWO
IN RE THE MARRIAGE OF
JACQUELINE FOSTER,
Petitioner/Appellee,
and
CHARLES SIDNEY FOSTER,
Respondent/Appellant.
...
Views: 0
This is an appeal out of the Second Judicial District contending that the district court failed to secure an express waiver from the defendant of his right to a jury trial before proceeding with a court trial. Because the aberrant procedure used by the district court was, in essence, a guilty plea and not a court trial, we affirm the judgment of the district court. I. Factual Background. On August...
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IN THE SUPREME COURT OF THE STATE OF IDAHO
Docket No. 43564
IN THE MATTER OF APPLICATION FOR )
PERMIT NO. 36-16979 IN THE NAME OF )
NORTH SNAKE GROUND WATER )
DISTRICT, ET AL. )
_____________________________________ )
NORTH SNAKE GROUND WATER ...
Views: 0
IN THE SUPREME COURT OF THE STATE OF IDAHO
Docket No. 43289
DAVID WAYNE STILES, )
) Boise, June 2016 Term
Plaintiff-Appellant, )
) 2016 Opinion No. 75
v. ...
Views: 0
IN THE SUPREME COURT OF THE STATE OF IDAHO
Docket No. 43939-2016
STATE OF IDAHO, )
) Boise, June 2016 Term
Plaintiff-Respondent, )
) 2016 Opinion No. 78
v. ...
Views: 0
IN THE SUPREME COURT OF THE STATE OF IDAHO
Docket No. 43938-2016
STATE OF IDAHO, )
) Boise, June 2016 Term
Plaintiff-Respondent, )
) 2016 Opinion No. 80
v. ...
Views: 0
IN THE SUPREME COURT OF THE STATE OF IDAHO
Docket No. 43019
BARRY SEARCY, )
)
Plaintiff-Appellant, )
)
v. ) Boise, November 2015 Term
)...
Views: 0
concurring in part and dissenting in part.
I concur in the Court’s opinion, with the exception of the award of attorney fees to Safeco. While the Parks’ claims are not articulated particularly well, it appears to me that they were asking for an extension of existing law and I would therefore not characterize the ease as having been pursued frivolously within the meaning of Idaho Code section 49-18...
Views: 0
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 42994
STATE OF IDAHO, ) 2016 Opinion No. 26
)
Plaintiff-Respondent, ) Filed: March 31, 2016
)
v. ...
Views: 0
Milo Jones, a Kansas prison inmate, obtained a money judgment in federal court against a former prison guard. Jones wasn’t able to collect any of his judgment, though, because he wasn’t able to locate the former guard or any of that guard’s assets. So Jones has tried to collect the judgment against the Kansas Department of Corrections, the state agency that had employed the guard. Jones first trie...
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Page 777
07/12/2016
DA 15-0641
Case Number: DA 15-0641
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 167
STEV...
Views: 0
08/02/2016
DA 15-0618
Case Number: DA 15-0618
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 184
...
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Page 791
08/02/2016
DA 15-0662
Case Number: DA 15-0662
IN THE SUPREME COURT OF THE STATE OF MONTANA
2016 MT 185
STATE OF M...
Views: 0
1 1 We retained this cause to address the dispositive issue of whether terminating a licensed practical nurse for missing work in a nursing center based on vomiting on the job and a doctor's note admitting that he should not work for three days due to an infection with influenza would violate public policy.1 We hold that it would, The public policy behind precluding a nursing home employee from wo...
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OPINION BY
1 Claimant Kurt Maxwell seeks review of the March 28, 2015, three-judge panel order reversing the trial court's July 10, 2014, order. The trial court held was a proper jurisdiction for Claimant's workers' compensation claim. The panel, with one dissent, vacated the trial court order, finding jurisdiction lay with Texas, We find Okla homa to have concurrent jurisdiction with Texas. We v...
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Page 913
Opinion by. 1 Plaintiff/Appellant Georgetta Anderson {Anderson) appeals from a summary judgment in favor of Defendant/Appellee Daniel Morgan, M.D. (Dr. Morgan). Anderson claims the trial court erred as a matter of law when it found the Oklahoma Governmental Tort Claims Act (the Act) applied to Anderson's medical negligence lawsuit. After de novo review, we affirm. T2 As the administrator of her hu...
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Opinion by
{1 Plaintif{/Appellant James Ray Blakley (Plaintiff) seeks review of the trial court's order granting the motion for summary judgment of Defendant/Appellee Sean A. Miller (Miller) and denying Plaintiff's motion to reconsider its previous order granting the motion for summary judgment of Defendants/Appellees M&N 'Dealerships, L.L.C,, d/b/a Edmond Hyundai (Edmond Hyundai) and Bryce Rhoad...
Views: 0
Opinion by
{ 1 The dispositive issue presented in this accelerated appeal under Supreme Court Rule 1.86(a)(1) is whether natural gas ("gas") in storage constitutes "goods, wares, and merchandise" for purposes of the Freeport Exemption, Okla, Const. art, X, § 6A; or, alternatively, whether the gas allocated to Appellant for taxation purposes has a taxable situs in Oklahoma as requlred by 68 0.8. §...
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[ 1 The plaintiff, T.L.I (T.L.I.) a minor, by and through his next friend Travis L. Irick (Plaintiff), appeals an Order denying his motion for new trial entered after the trial court granted summary judgment to the defendant, Board of County Cominissioners of the County of Pottawatomie (Board). This appeal proceeds under the provisions of Okla. Sup.Ct.R. 1.86, 12 0.8. Supp 2018, ch. 15, app. 1.
BA...
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Page 936
OPINION BY
11 Kenneth Hollingshead appeals decisions of the trial court finding that he did not have- an easement over property owned by the defendants and awarding attorney fees and costs to John Elias, Jr., Daveau, Inc., and Reserve Management, Inc. (Defendants). *938We conclude that Hollingshead's appeal of the decision regarding the easement is untimely and must be dismissed. Concluding that ...
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OPINION BY
11 Cook and Associates and Justin Cook appeal various post-judgment rulings and an amended judgment in their effort to avoid liability for the deficiency after a sheriff's *948sale in this mortgage foreclosure action. The Cooks received the required notice of the hearing on the motion to determine their deficiency, which was not constitutionally defective. Therefore, the district court...
Views: 0
¶ 1 In this foreclosure action, David W. BicHng and Tammy Mi. BicHng (Homeowners) appeal a February 17, 2015, order denying their motion for new trial seeHng reconsideration of á December 9, 2014, journal entry which denied their motion for summary judgment and granted The First National Bank in Marlow, OHahoma’s (Bank) counter-motion for summary judgment. This appeal proceeds under OHahoma Suprem...
Views: 0
No. 22 April 14, 2016 63
IN THE SUPREME COURT OF THE
STATE OF OREGON
Rosa Aurelia Palacios ESPINOZA,
Personal Representative of the Estate of
Victor Andres Espinoza Horna, Deceased,
for her own benefit as the surviving spouse
and for the benefit of Micaela Ariana Espinoza
and Mariam Andrea Espinoza,
...
Views: 0
168 May 5, 2016 No. 26
IN THE SUPREME COURT OF THE
STATE OF OREGON
Lori HORTON,
as guardian ad litem and
Conservator of and for
T. H., a Minor,
Plaintiff-Respondent,
and
...
Views: 0
Page 1077
Opinion
T1 HV. (Guardian) appeals the juvenile court's ruling declining to order reunification services. We affirm,
BACKGROUND
T2 Guardian was awarded permanent custody and guardianship of Z.G. (Child) in December 2014 after Child was adjudicated to have been neglected by her mother,. Two months later, Child was temporarily removed *1078from Guardian's custody due to police involvement but was so...
Views: 0
Page 1077
Opinion
T1 HV. (Guardian) appeals the juvenile court's ruling declining to order reunification services. We affirm,
BACKGROUND
T2 Guardian was awarded permanent custody and guardianship of Z.G. (Child) in December 2014 after Child was adjudicated to have been neglected by her mother,. Two months later, Child was temporarily removed *1078from Guardian's custody due to police involvement but was so...
Views: 0
Page 1080
2016 UT App 118
THE UTAH COURT OF APPEALS
STATE OF UTAH,
Appellee,
v.
SHONI PLEXICO,
Appellant.
Memorandum Decision
No. 20140590-CA
Filed June 3, 2016
...
Views: 0
Page 1089
2016 UT App 120
THE UTAH COURT OF APPEALS
STATE OF UTAH,
Appellee,
v.
DEBBRA JO CLARK,
Appellant.
Memorandum Decision
No. 20140955-CA
Filed June 3, 2016
...
Views: 0
Page 1093
1 A.M. (Father) appeals the juvenile court's termination of his parental rights in E.M.J. We affirm.
12 E.M.J. was removed from Father's custody in October 2013 after Father "had a medical incident involving psychiatric medicine that involved physical restraint by the police." Following a hearing, the juvenile court adjudicated E.M.J. neglected by his mother2 and dependent as to Father, The *1095j...
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Page 1093
1 A.M. (Father) appeals the juvenile court's termination of his parental rights in E.M.J. We affirm.
12 E.M.J. was removed from Father's custody in October 2013 after Father "had a medical incident involving psychiatric medicine that involved physical restraint by the police." Following a hearing, the juvenile court adjudicated E.M.J. neglected by his mother2 and dependent as to Father, The *1095j...
Views: 0
¶1 In 2013, the legislature enacted amendments to the dependency statutes to expressly address “the rights of parents who are incarcerated.” Final B. Rep. on Substitute H.B. 1284, 63d Leg., Reg. Sess. (Wash. *1062013) (SHB 1284). One critical provision in those amendments requires the dependency court to consider several factors “[i]f the parent is incarcerated.” RCW 13.34.180(1)(f) (emphasis adde...
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Page 1112
FILED
April 12, 2016
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
CITY OF AIRWAY HEIGHTS, ) N...
Views: 0
Filed
Washington State
Court of Appeals
Division ...
Views: 0
Page 1158
¶1 In these consolidated appeals, structural engineering firm Engineers Northwest Inc. (ENW) challenges several rulings and a judgment entered against it in a lawsuit brought by the homeowners’ association (HOA) of the Pointe at Westport Harbor. The issue we address in the published portion of this opinion is ENW’s claim that the trial court erred by denying its motion for summary judgment on grou...
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Page 1163
¶1 To an indigent defendant saddled with legal financial obligations (LFOs), it does not matter if the LFOs are labeled mandatory or discretionary. The effects on the indigent defendant remain the same. However, until there are legislative amendments or Supreme Court changes in precedent, we must recognize these distinctions and adhere to the principles of stare decisis. ¶2 Andrew Mathers appeals ...
Views: 0
IN THE SUPREME COURT, STATE OF WYOMING
2016 WY 80
APRIL TERM, A.D. 2016
August 16, 2016
IN THE MATTER OF THE WORKER'S
COMPENSATION CLAIM OF:
WILLIAM H. ROGERS,
Appellant
(Petitioner/Claimant),
...
Views: 1
Page 1178
Opinion
Defendant Sergio Dujuan Nelson was convicted of the first degree murders of Robin Shirley and Lee Thompson. (Pen. Code, § 187; all undesig-nated statutory references are to this code.) The jury also found true the special circumstance allegations that Nelson committed multiple murders and that the murders were committed while lying in wait. (§ 190.2, subd. (a)(3), (15).) It also found tru...
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Page 1221
Opinion
The City of Perris (the City) is located 70 miles east of Los Angeles. This case involves the City’s condemnation of a 1.66-acre strip of defendants’ property in order to build a road. By taking the strip, the City has divided the property into two irregularly shaped parcels. The City claimed that defendants would have been required to dedicate the strip to the City, with no compensation,...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER.
Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts,
303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email
corrections@akcourts.us.
THE SUPREME COURT OF THE STATE OF ALASKA
JAMES HENRY BINGM...
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Order For Censure
1. The Alaska Commission on Judicial Conduct has referred to us its findings and recommendation for censure of Timothy D. Dooley, a superior court judge in Nome1 After an investigation and shortly before a formal Commission hearing, Judge Dooley stipulated that five different statements he had made while on the bench violated AS 22.30.011(2)(8)(C), (D), and (E)2 and Canons 1, 2A,...
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OPINION
I. INTRODUCTION
An employer and its workers' compensation insurer challenged a former employee's continuing eligibility for workers' compensation, relying on surreptitious video surveillance and a doctor's report issued after the doctor viewed an edited surveillance video. The employee and his wife sued the employer's workers' compensation carrier and a number of others involved in the at...
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IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
SPECIAL FUND DIVISION, Petitioner Party in Interest,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent,
LA PALMA CORRECTIONAL CENTER, Respondent Employer,
NEW HAMPSHIRE INSURANCE/AIG, Respon...
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