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All Reporters → p3d → Volume 386

Opinions in p3d Volume 386

The state appeals a circuit court order denying the state’s motion in limine to allow defendant’s statements to be admitted as admissions, and moves for a determination of whether the order is appealable under ORS 138.060. The motion to determine appealability is allowed. We conclude that the order is not appealable and dismiss the appeal. Defendant is charged with two counts each of sodomy and se...
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This is an action for products liability and negligence that previously was before us. Purdy v. Deere and Company, 252 Or App 635, 287 P3d 1281 (2012) (Purdy I). We affirmed, concluding that one of plaintiffs 10 assignments of error lacked merit, and that, as to the remaining nine, the parties’ use of a general verdict form made it impossible to know whether any of the alleged errors substantially...
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Plaintiff, a general contractor, brought this action against defendant City of Tillamook alleging a breach of contract and related claims regarding the parties’ contract to expand the city’s wastewater treatment facility. Plaintiff sought compensation for the direct and indirect costs it incurred due to delays in the construction project. The city denied that it breached the contract and asserted ...
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Petitioner seeks judicial review of a final order of the Oregon State Board of Nursing (the board) denying her, by summary determination, a license to practice as a registered nurse in Oregon. The board concluded that petitioner’s application included fraudulent documents purportedly showing that she met educational criteria for licensure by graduating from college when, in fact, she never did so....
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Petitioner, a licensed veterinarian, seeks judicial review of a final order issued by the Oregon Veterinary Medical Examining Board (the board) in which it concluded that petitioner engaged in “unprofessional conduct,” ORS 686.1201 and ORS 686.130,2 and, as a sanction, ordered him to pay a $750 penalty and $5,594.28 for the costs of the proceedings, ORS 686.150. We “review for substantial evidence...
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Defendant was convicted of two counts of first-degree rape, ORS 163.375. On appeal, defendant raises two issues.1 First, he argues that the trial court erred by admitting into evidence parts of his recorded interrogation in which the interrogating detective expressed doubts that defendant was telling the truth. According to defendant, admission of those statements violated the prohibition on “vouc...
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In this consolidated criminal appeal, defendant challenges his convictions for second-degree kidnapping, coercion, and two counts each of first-degree sodomy and first-degree sexual abuse.1 He asserts 10 assignments of error. We write to address only defendant’s second and third assignments of error, and reject the rest without written discussion.2 In his second assignment, defendant asserts that ...
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Defendant appeals a judgment of conviction for six counts of sexual abuse in the first degree, ORS 163.427, and six counts of sodomy in the first degree, ORS 163.405. In a prior appeal, we vacated defendant’s earlier judgment of conviction in light of State v. Southard, 347 Or 127, 218 P3d 104 (2009), and remanded the case to the trial court. Defendant was then retried, convicted on fewer counts t...
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The Board of Parole and Post-Prison Supervision revoked petitioner’s parole based on its determination that he had violated conditions of his release. The board then held a future-disposition hearing, and it subsequently entered an order denying petitioner rerelease on parole and setting a new parole release date in 2022. On judicial review, we affirm. For purposes of judicial review, the facts ar...
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Following a reversal and remand of defendant’s convictions for first-degree sexual abuse and first-degree rape in State v. Nelson, 241 Or App 681, 251 P3d 240 (2011), rev dismissed as improvidently allowed, 354 Or 62 (2012), a jury found defendant guilty on retrial of two counts of first-degree sexual abuse, one count of third-degree sexual abuse, and one count of first-degree rape.1 He appeals, c...
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Defendant appeals a judgment of conviction for 15 counts of Encouraging Child Sexual Abuse in the First Degree (ECSA I), ORS 163.684,1 and 15 counts of Encouraging Child Sexual Abuse in the Second Degree (ECSA II), ORS 163.686.2 Those charges relate to sexually explicit images of children that defendant had placed in a shared folder on a publicly accessible peer-to-peer computer network. Police of...
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Defendant appeals a judgment revoking probation. He assigns error to the trial court’s admission of hearsay evidence at his probation revocation hearing, arguing that hearsay was not admissible against him in a probation revocation hearing absent the state demonstrating good cause for not producing the declarant. According to defendant, the admission of that evidence violated his due process right...
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Appellant seeks reversal of an order committing her involuntarily to the Oregon Health Authority for up to 180 days on the basis of a mental disorder that, the trial court determined, makes appellant dangerous to herself and others. See ORS 426.130(l)(a)(C), (2). Neither party has requested that we review this matter de novo, and we conclude that this is not an “exceptional” case that warrants de ...
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Plaintiff Robert Warren Trucking, LLC (Warren) provided rock-hauling services in connection with a construction project for the Port of Tillamook Bay (the Port), but did not receive full payment for those services. That led to this case, in which Warren seeks to collect the unpaid amounts from two payment bonds associated with the Port project. The trial court found in Warren’s favor on those bond...
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Defendant appeals a judgment of conviction for five counts of criminal trespass in the second degree, ORS 164.245, two counts of criminal mischief in the second degree, ORS 164.354, and one count of possession of marijuana, ORS 475.864. We write to address only defendant’s second assignment of error and reject defendant’s other assignments without discussion. In defendant’s second assignment of er...
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Defendant appeals a judgment of conviction for sexual abuse in the first degree, ORS 163.427, and attempted sodomy in the first degree, ORS 163.405, for engaging in sexual behavior with the victim, his 11-year-old stepdaughter. On appeal, defendant assigns error to the trial court’s admission of testimony that defendant’s act of massaging the victim’s chest, which occurred sometime before the sexu...
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Defendant appeals from a judgment of conviction for unlawful possession of methamphetamine and unlawful delivery of methamphetamine. He assigns error to the court’s denial of his motion to suppress evidence that officers found during a warrantless search of defendant’s car. We conclude that the officers conducted a lawful search incident to arrest for the crime of possession of methamphetamine, ev...
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Defendant appeals a judgment, challenging the sentence imposed after he was convicted and sentenced on remand after a successful appeal. He contends that the sentencing court’s decision to impose a longer sentence on remand than it originally imposed is unlawful and should therefore be vacated and remanded. He argues that the trial court erred because the sentence increase was not based on identif...
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Defendant appeals a judgment of conviction, entered after a trial to the court, of 20 theft-related offenses. He contends, in part, that (1) the trial court erred in requiring him to wear a restraint on one of his hands during trial; and (2) under State v. Mills, 354 Or 350, 312 P3d 515 (2013), his convictions on certain counts must be reversed and remanded so as to afford him an opportunity to di...
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Defendant appeals a judgment of conviction for hindering prosecution, ORS 162.325. Defendant was indicted under ORS 162.325(1) (a) for “harbor [ing] or conceal [ing]” his son, who had escaped from an Oregon Youth Authority (OYA) facility. The trial court instructed the jury that it could find defendant guilty of hindering prosecution if defendant did any of the acts described in ORS 162.325(l)(a) ...
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Defendant appeals from a judgment of conviction for identity theft and second-degree theft. On appeal, he challenges the trial court’s decision to admit into evidence a video showing him being booked at the police station, over defendant’s objection that the video was unduly prejudicial. Defendant argues that the court erred by failing to make a record demonstrating that it balanced the probative ...
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Defendant appeals from a judgment of conviction for unlawful delivery of cocaine, possession of cocaine, and criminal forfeiture. His first assignment of error challenges the trial court’s denial of defendant’s motion to suppress evidence that the state obtained through a search of defendant’s vehicle during a traffic stop. Defendant argues that the search was unlawful, despite defendant’s volunta...
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This appeal requires us to decide whether we have appellate jurisdiction and, if so, whether defendant’s claim of sentencing error is subject to appellate review. The appeal arises from a judgment revoking defendant’s probation and sentencing her to 80 months’ incarceration. Defendant stipulated to that sentence in her plea agreement, but assigns error to it, contending that it is longer than the ...
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Petitioner, Bull Mountain Meadows, LLC, seeks judicial review of an order of the Public Utility Commission (PUC), contending that the PUC erred in determining that Frontier Communications Northwest, Inc., a private telecommunications utility, was permitted to charge Bull Mountain $23,872 for the cost of relocating utility poles. Bull Mountain is the developer of a residential subdivision and reque...
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We consider this case for the second time on appeal after we remanded the case in State v. Tate, 254 Or App 509, 295 P3d 683, rev den, 353 Or 562 (2013). Defendant raises four assignments of error concerning the penalty-phase proceeding of his trial and the sentence of life without parole imposed on remand. For the reasons that follow, we remand for resentencing and otherwise affirm. The pertinent...
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In this criminal case, defendant appeals a judgment of conviction for fourth-degree assault. ORS 163.160. On appeal, he raises three assignments of error. We reject without discussion defendant’s second and third assignments of error, in which he contends that the trial court erred in instructing the jury that it could find him guilty by a nonunanimous verdict and by accepting a nonunanimous verdi...
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The state charged defendant with 14 counts of first-degree criminal mistreatment based on withdrawals he made from accounts belonging to his elderly mother and mother-in-law, each of whom had signed documents giving him power of attorney over their financial affairs. Defendant, who repaid some of the money he had withdrawn from the accounts, said that the withdrawals were loans. As relevant here, ...
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On multiple occasions, defendant, who was a member of Bally’s gym, went into the men’s locker room at different Bally’s facilities in the Portland area, broke into lockers belonging to other Bally’s members, and stole various pieces of identification, including driver licenses, credit cards, and checkbooks from the lockers. He later—often the same day—made fraudulent purchases with the stolen item...
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Plaintiff brought this wrongful death action as personal representative of his father’s estate, alleging that defendants Providence Health System-Oregon (Providence) and Apogee Medical Group, P.C. (Apogee) negligently caused the death of his father, Jack Sloan. Plaintiff appeals the judgment entered against him after the jury found Apogee negligent, but did not find Apogee’s negligence to be the c...
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Defendant appeals a judgment of conviction for various crimes, assigning error to the trial court’s denial of his motion for judgment of acquittal on Count 2, first-degree kidnapping, ORS 163.235, and Count 3, criminal conspiracy to commit first-degree kidnapping, ORS 161.450 and ORS 163.235. Defendant also assigns error to the trial court’s nonunanimous verdict instruction.1 For the reasons that ...
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In this criminal appeal, defendant challenges the imposition of restitution, because his plea agreement had not included it. Defendant argues that, by requesting restitution, the state breached the plea agreement, the trial court should have specifically enforced the agreement, and the trial court erred by imposing restitution of $6,460. We agree that the state breached the plea agreement and that...
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Petitioner appeals from a judgment denying his petition for post-conviction relief. On review for legal error, accepting as true the trial court’s supported factual findings, Green v. Franke, 357 Or 301, 312, 350 P3d 188 (2015), we affirm. Petitioner seeks relief from his conviction for second-degree assault, ORS lGS.lTSClXb).1 Petitioner was convicted of that felony—and other offenses—after he ki...
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Petitioner, a former teacher, seeks judicial review of an order of the Teacher Standards and Practices Commission (TSPC), revoking for one year his privilege to reapply for a teaching license.1 In his first three assignments of error, petitioner contends that the commission’s order is not supported by substantial evidence primarily because the commission relied on hearsay. That hearsay was prior t...
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¶ 1 These consolidated cases require us to decide whether the State can offer a driver’s refusal to take a breath test under Washington’s implied consent statute, RCW 46.20.308,1 as evidence of guilt at a criminal trial after the Supreme Court’s decision in Missouri v. McNeely, 569 U.S. 141, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013) (plurality opinion). *213¶2 Washington’s implied consent statute ...
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¶1 Jan DeMeerleer murdered Rebecca Schiering and her nine-year-old son Philip and attempted to murder Schiering’s older son, Brian Winkler. After the attack, DeMeerleer committed suicide. DeMeerleer had been an outpatient of psychiatrist Dr. Howard Ashby for nine years leading up to the attack, during which time he expressed suicidal and homicidal ideations but never named Schiering or her childre...
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¶ 1 Article VII of the Washington Constitution imposes a set of requirements on taxes for the protection of the taxpayers; however, not all governmental charges are “taxes” that are subject to those requirements. At issue in this case is whether a certain governmental *292charge imposed on Indian tribes is a tax. After the legislature amended a statute to expand the types of tribal property that a...
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[As amended by order of the Supreme Court January 19, 2017.] ¶1 The Washington State Bar Association Office of Disciplinary Counsel (ODC) charged attorney Donald Peter Osborne with violating the Rules of Professional Conduct (RPC). A hearing officer found that Osborne committed five violations of the RPCs because of events surrounding a will he drafted for a sick, elderly woman that made him the ...
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FILED DECEMBER 6, 2016 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPE...
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON JAMES and EVELYN CHUMBLEY, husband and wife; BNSF RAILWAY No. 74528-0-1 COMPANY, INC., a Delaware corpora tion, DIVISION ONE Appellants, and IRENE ARTHERHOLT; THE LESTER G. AND IRENE ARTHERHOLT REVOCABLE TRUST; GLENN AND PATRICIA DALBY, husband and wife; ROY MAIN; TH...
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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 121 OCTOBER TERM, A.D. 2016 December 20, 2016 TREFREN CONSTRUCTION CO., a Wyoming Corporation, Appellant (Plaintiff), v. ...
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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 125 OCTOBER TERM, A.D. 2016 December 23, 2016 CHEYENNE NEWSPAPERS, INC., d/b/a The Wyoming Tribune-Eagle, a Wyoming corporation, Appellant (Plaintiff), ...
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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 126 OCTOBER TERM, A.D. 2016 December 28, 2016 CITY OF TORRINGTON, a Wyoming municipal corporation, Appellant (Petitioner), v. S-16-0107 LEROY ...
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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 127 OCTOBER TERM, A.D. 2016 December 28, 2016 GABRIEL ELIAJAH MONTOYA, Appellant (Defendant), v. S-16-0130 THE STATE OF ...
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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 128 OCTOBER TERM, A.D. 2016 December 28, 2016 ARMANDO RAMIREZ, Appellant (Defendant), v. S-16-0064 THE STATE OF WY...
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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 129 OCTOBER TERM, A.D. 2016 December 29, 2016 JOSE ADRIAN VASQUEZ, Appellant (Defendant), v. ...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 1 October Term, A.D. 2016 January 5, 2017 TRESTIN M. PIERCE, Appellant (Defendant), v. S-16-0213 THE STATE OF WYOMING, A...
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Filed 12/22/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE ex rel. JAN LYNN OWEN, ) as Commissioner, etc., ) ) ) Plaintiff and Appellant, ) ) S216878 v. ) ...
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Filed 12/29/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S228258 v. ) ) Ct.App. 4/1 D064986 TORY J. CORPENING, ...
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opinion of the Court: ¶ 1 Under Arizona Rule of Criminal Procedure 15.1(i)(l), the state, within sixty days of arraignment, “shall provide to the defendant notice of whether [it] intends to seek the death penalty.” Here, the State did not file such a notice after Jesse Mesa was arraigned; instead, after discovering new evidence, it obtained a second indictment adding two charges, dismissed the fir...
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opinion of the Court: ¶ 1 We here consider whether the trial court erred by summarily denying petitions for post-conviction relief alleging that petitioners’ natural life sentences for homicides committed as juveniles are unconstitutional in light of Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). Because the United States Supreme Court held in Montgomery v. Louisiana, — U...
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OPINION ¶ 1 Peter Damien Joseph Beirne (Beirne) appeals from the family court’s dismissal of his petition to enforce orders affecting real property stemming from a 2005 marriage dissolution decree.2 For the following reasons, we reverse the court’s ruling. FACTUAL AND PROCEDURAL HISTORY ¶ 2 The marital union of Beirne and Lauren M. Jensen (Jensen) was dissolved by decree entered in June 2005. The ...
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OPINION ¶ 1 In 2012, White Mountain Health Center, Inc. (“White Mountain”) sought county zoning approval to establish a medical marijuana dispensary (“MMD”) pursuant to the Arizona Medical Marijuana Act (“AMMA”), Arizona Revised Statutes (“AR.S.”) sections 36-2801 to -2819 (2014 and Supp. 2015).2 Maricopa County refused to issue the necessary zoning documents and White Mountain *233filed suit. Th...
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delivered the Opinion of the Court. ¶ 1 In this case, we granted certiorari to consider whether the court of appeals erred in concluding that the defendant waived his public trial claim by failing to object to the closure of the courtroom during jury selection. This question turns largely on whether our precedent in Anderson v. People, 176 Colo. 224, 490 P.2d 47, 48 (1971)—holding that a defendant...
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Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch's homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association's homepage at http://www.cobar.org. ADVANCE SHEET HEADNOTE ...
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OPINION OF THE COURT BY Plaintiff-Appellee State of Hawaii (State) charged Defendant-Appellant Michael Robert Lawrence (Lawrence) with the second-degree murder of Melchor Talaro Tabag (Ta-bag). Lawrence killed Tabag, a vacuum cleaner salesperson who had been demonstrating products at Lawrence’s home, by striking Tabag in the head with a hammer and stabbing him in the neck and chest. Lawrence subse...
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OPINION OF THE COURT BY Defendant-Appellant Bernard Niceloti-Ve-lazquez (Velazquez) appeals from the “Findings of Facts and Conclusions of Law” (FOFs), entered on August 29, 2014 and the “Amended Judgment and Notice of Entry of Amended Judgment,” entered on March 6, 2015 in the District Court of the Second Circuit1 (district court). Velazquez was convicted of operating a vehicle under the influenc...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43915 STATE OF IDAHO, ) ) Boise, June 2016 Term Plaintiff-Respondent, ) ) 2016 Opinion No. 117 v. ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 42850 EAGLE EQUITY FUND, LLC, an Idaho ) Limited Liability Company, ) ) Plaintiff-Appellant, ) Boise, May 2016 Term ) v. ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43296 DAVID KOSMANN, ) ) Boise, November 2016 Term Plaintiff- Respondent, ) ) 2016 Opinion No. 146 v. ...
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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 43577 STATE OF IDAHO, ) 2016 Opinion No. 82 ) Plaintiff-Respondent, ) Filed: December 12, 2016 ) v. ...
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Under police surveillance, Justin Barrett bought about 3.5 grams of methamphetamine from Seth Torres on October 9, 2014, using $220 cash with recorded serial numbers. Torres left the drug-deal location in a car, and a police officer pulled him *259over. After Torres was arrested, another officer searched the car he’d been in and found $200 of the recorded money. A jury convicted Torres of distribu...
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Denied Original Proceeding Habeas Corpus...
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Denied Original Proceeding Supervisory Control...
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Dismissed without prejudice Original Proceeding Habeas Corpus...
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Granted in part Original Proceeding Supervisory Control...
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Granted Original Proceeding Supervisory Control...
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Granted in Part Original Proceeding Habeas Corpus...
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Denied Original Proceeding Habeas Corpus...
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Denied Original Proceeding Mandamus...
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Denied Original Proceeding Mandate...
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Denied Original Proceeding Supervisory Control...
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Denied Original Proceeding Supervisory Control...
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Denied Original Proceeding Habeas Corpus...
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Denied Original Proceeding Habeas Corpus...
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Denied Original Proceeding Over length brief...
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Denied Original Proceeding Habeas Corpus...
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Denied Original Proceeding Supervisory Control...
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Denied Original Proceeding Supervisory Control...
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Denied Original Proceeding Habeas Corpus...
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Accepted Original Proceeding Certified Question...
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Denied Original Proceeding Habeas Corpus...
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09/20/2016 DA 15-0261 Case Number: DA 15-0261 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 237 STATE OF ...
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Denied Original Proceeding Supervisory Control...
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Denied & Dismissed Original Proceeding Supervisory Control...
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Denied Original Proceeding Habeas Corpus...
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09/20/2016 DA 15-0721 Case Number: DA 15-0721 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 232 LEE FO...
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09/20/2016 DA 14-0674 Case Number: DA 14-0674 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 231 ...
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10/04/2016 DA 14-0491 Case Number: DA 14-0491 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 246 STATE O...
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12/13/2016 DA 15-0582 Case Number: DA 15-0582 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 325 CITIZENS FOR A BETTER...
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12/27/2016 DA 15-0510 Case Number: DA 15-0510 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 344...
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Affirmed Dist. 11 (Flathead)...
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Reversed Dist. 8 (Cascade)...
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delivered the Opinion of the Court. ¶1 Intervenors Patrick and Corinne Gilbert appeal from a placement hearing held in the Ninth Judicial District Court, Glacier County, determining that the Department of Health and Human Services’s (Department) placement of B.W.S. with the Watson family was in B.W.S.’s best interests. We affirm. *34ISSUE ¶2 On appeal, the Gilberts raise nine issues. We restate th...
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delivered the Opinion of the Court. ¶1 Joseph Taylor objected to the Findings of Fact, Conclusions of Law, and Decree proposed by a standing master following trial of the marriage dissolution proceeding between Joseph and Lisa Taylor. The District Court refused to review the Standing Master’s report because *45Joseph’s objections lacked the required specificity. We agree and affirm the District Co...
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delivered the Opinion of the Court. ¶1 The Cascade County Board of Commissioners terminated Stacey Bird from her position as the County’s Human Resources Director. Bird filed a wrongful discharge claim against the County and the Board of Commissioners. The Eighth Judicial District Court held that the County had good cause to terminate Bird. It granted the County summary judgment. Bird appeals on t...
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12/27/2016 DA 16-0181 Case Number: DA 16-0181 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 343 OHIO FAR...
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Affirmed Dist. 21 (Ravalli)...
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Affirmed Dist. 11 (Flathead)...
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Affirmed Dist. 8 (Cascade)...
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Affirmed Dist. 22 (Stillwater)...
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Affirmed & Remanded Dist. 5 (Jefferson)...
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¶ 1 The parties disagree on which statute controls the controversy. The Multiple Injury Trust Fund (Fund) argues 85 O.S.Supp.2005 § 30(D) controls the rights of the lawyers to an attorney’s fee. The claimants’ lawyers argue 85 O.S.Supp.2005 § 172 controls the rights of the lawyers to an attorney’s fee, and the Workers’ Compensation Court of Existing Claims agreed § 172 controlled the controversy. ...
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OSCN Found Document:SANDERS v. RIVER PARKS AUTHORITY OSCN navigation Home Courts Court Dockets Legal Research Calendar ...
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638 December 8, 2016 No. 75 IN THE SUPREME COURT OF THE STATE OF OREGON Sohail MASOOD, Respondent on Review, v. SAFECO INSURANCE COMPANY OF OREGON, an Oregon Insurance Company, Petitioner on Review, ...
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This case is a dispute over the proceeds from a sale of real property. The property in question, a house in Durham, Oregon (the Durham property), was once owned by Madeline Grimstad and her husband, Neal Grimstad. Through a codicil to her will (the second codicil), Madeline left the Durham property to plaintiffs—her stepchildren and Neal’s biological children—if Neal predeceased her, and if she ow...
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Defendant appeals an order denying his motion for forensic testing pursuant to ORS 138.692 (2007).1 ORS 138.697(1).2 Specifically, defendant contends that, in *890denying the motion, the trial court erroneously concluded that defendant had failed to “present a prima facie showing that DNA testing of the specified evidence would, assuming exculpatory results, establish [his] actual innocence of * *...
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Defendant appeals from a trial court order dismissing, for lack of jurisdiction, his request for DNA testing and appointment of counsel, ORS 138.690 to 138.697.1 We agree with defendant that the trial court had jurisdiction to consider his requests and, accordingly, reverse and remand. Defendant was convicted of multiple person felonies in 1997. In 2005, defendant wrote a letter to the judge who h...
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This is a criminal appeal involving charges related to an inmate’s possession of a debatably sharpened plastic spoon.1 Defendant challenges a guilty verdict on Count 1 for possession of a weapon by an inmate (“weapon charge”), ORS 166.275, a guilty verdict on Count 2 for supplying contraband (“contraband charge”), ORS 162.185, and a more particular, additional determination that the contraband was...
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Plaintiff appeals a judgment entered after the trial court granted summary judgment in favor of defendant State Farm Mutual Automobile Insurance Company (State Farm). Plaintiff assigns error to the trial court’s grant of summary judgment to State Farm and its denial of plaintiffs cross-motion for partial summary judgment. For the reasons that follow, we conclude that the trial court neither erred ...
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A jury convicted defendant of one count of unlawful delivery of methamphetamine for consideration, ORS 475.890 and ORS 475.900(2)(a), and one count of possession of methamphetamine, ORS 475.894. On appeal, defendant challenges only the delivery conviction, arguing that the trial court erred in denying his motion for judgment of acquittal as to the subcategory factor found in ORS 475.900(2)(a), whi...
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Husband appeals a general judgment of dissolution, challenging the trial court’s award of indefinite maintenance spousal support. Husband contends that the court erred by awarding spousal support to wife in an amount and duration different from what the parties had agreed. Alternatively, he argues that the spousal support award is not supported by the record. Because we conclude that the spousal s...
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This appeal arises from a judgment revoking defendant’s probation and sentencing him to 18 months’ incarceration. Defendant pleaded guilty to failing to register as a sex offender. Under the terms of the plea agreement, defendant received a dispositional downward departure sentence of probation. Defendant stipulated that if he violated any nonfinancial condition of probation, the trial court would...
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Reversed and remanded. State v. Barnthouse, 271 Or App 312, 350 P3d 536 (2015), aff’d on other grounds, 360 Or 403, 380 P3d 952 (2016) (holding that, for purposes of Article I, section 9, of the Oregon Constitution, law enforcement illegally seized a package by removing it from the stream of mail and submitting it to a dog sniff)....
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[As amended by order of the Supreme Court February 8, 2017.] ¶1 This case concerns provisions of Seattle’s “Just Cause Eviction Ordinance,” codified at Seattle Municipal Code 22.206.160(C). We must determine whether the court in an unlawful detainer action can consider evidence challenging just cause once the landlord files the certification allowed under Seattle Municipal Code 22.206.160(C)(4). ¶...
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¶1 These consolidated cases all arise from a 2007 flood of the Chehalis River in Lewis County. This is the second time we have considered questions relating to the appropriate forum. In our first review, we considered the trial court’s orders dismissing the cases for lack of subject matter jurisdiction pursuant to RCW 4.12.010(1). Ralph v. Dep’t of Nat. Res., 182 Wn.2d 242, 245-46, 343 P.3d 342 (2...
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[As amended by order of the Supreme Court January 26, 2017.] ¶1 At issue in this case is whether a pimp can be convicted on multiple counts of promoting prostitution when multiple prostitutes are involved. We have not previously considered the unit of prosecution for second *378degree promoting prostitution. In light of the statute’s plain language and prior decisions of this court, we affirm the...
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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 124 OCTOBER TERM, A.D. 2016 December 22, 2016 TAMRA ACORN, REBECCA SHWEN, and FEDERER HOLDING COMPANY, LLC, a Wyoming close limited liability company, Appellants (Defendants), ...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 3 OCTOBER TERM, A.D. 2016 January 11, 2017 MATTHEW SCOTT WORLEY, Appellant (Defendant), v. S-15-0114 THE STATE OF WYOMING, Appellee (Plaintiff). MATTHEW SCOTT WORLEY, ...
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Filed 12/29/16 IN THE SUPREME COURT OF CALIFORNIA LOS ANGELES COUNTY BOARD ) OF SUPERVISORS et al., ) ) Petitioners, ) ) S226645 v. ) ) Ct.App. ...
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Filed 1/5/17 IN THE SUPREME COURT OF CALIFORNIA PATRICIA J. BARRY, ) ) Plaintiff and Appellant, ) ) S214058 v. ) ) Ct.App. 2/2 B242054 THE STATE BAR OF CALIF...
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Petition for review granted....
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The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Chaney, S223676, and People v. Valencia, S223825 (see Cal. Rules of Court, rule 8.512(d)(2) ), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further orde...
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Petition for review granted....
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The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Contreras, S224564 (see Cal. Rules of Court, rule 8.512(d)(2) ), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court....
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*135Dismissed and remanded to CA 4/2. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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The petitions for review are granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Canizales, S221958 (see Cal. Rules of Court, rule 8.512(d)(2) ), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court....
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**797Dismissed and remanded to CA 4/2. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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Dismissed and remanded to CA 6. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed....
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Dismissed and remanded to CA 2/1. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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IN THE SUPREME COURT OF THE STATE OF ARIZONA STATE OF ARIZONA, Appellee/Cross-Appellant, v. JOEL RANDU ESCALANTE-OROZCO, Appellant/Cross-Appellee. No. CR-13-0088-AP ...
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IN THE ARIZONA COURT OF APPEALS DIVISION TWO BILL W. CASTILLO, Petitioner/Appellant, v. THANIA N. LAZO, Respondent/Appellee. No. 2 CA-CV 2016-0122-FC Fi...
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***FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCWC-13-0003062 05-DEC-2016 ...
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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** Electronically Filed Supreme Court SCWC-15-0000445 08-DEC-2016 ...
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***FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCPW-16-0000038 12-DEC-2016 ...
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***FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCWC-15-0000342 13-DEC-2016 ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44123 STATE OF IDAHO, ) ) Boise, November 2016 Term Plaintiff-Respondent, ) ) ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43697/43698 EVANGELICAL LUTHERAN GOOD ) SAMARITAN SOCIETY, ) Boise, November 2016 Term ) Petitioner-Respondent, ) 2016...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43496-2015 STATE OF IDAHO, ) ) Boise, December 2016 Term Plaintiff-Respondent, ) ) 2016 Opinion N...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44376-2016 IN THE MATTER OF THE ) TERMINATION OF THE PARENTAL ) Boise, December 2016 Term RIGHTS OF: ) ) 2016 Opinion No. 155 ...
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No. 114,757 IN THE COURT OF APPEALS OF THE STATE OF KANSAS KERRY G., Appellee, v. STACY C., Appellant. ...
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delivered the Opinion of the Court. ¶1 Appellant April Dawn Myrick, n/k/a April Block (April), appeals the order of the Seventeenth Judicial District Court, Valley County, which reduced the child support obligation of Respondent Jason Allan Skolrud (Jason), from $679 per month to $200 per month. We affirm and address the following issue: Did the District Court err by ordering a reduction in the su...
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Affirmed Water Court...
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delivered the Opinion of the Court. ¶1 This case stems from a disagreement over the ownership and operation of an irrigation system on a ranch near Broadus, Montana. Tim Welu appeals from the Findings of Fact and Conclusions of Law entered after a bench trial in the Sixteenth Judicial District Court, Powder River County. We affirm. ISSUES ¶2 On appeal, Welu raises three issues, which we restate as...
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delivered the Opinion of the Court. ¶1 This is an appeal by Barthelmess Ranch, Double 0 Ranch, William French, Conni French, Craig French and M Cross Cattle (the Objectors) from the Water Court’s August 11, 2015 Order Granting Partial Summary Judgment and Order Remanding to the Master. We affirm. ¶2 We restate the issues on appeal as follows: Issue One: Whether the Water Court erred in concluding...
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12/28/2016 DA 15-0805 Case Number: DA 15-0805 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 350 RYFFEL FAMILY PART...
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OSCN Found Document:C&H POWER LINE CONSTRUCTION CO. v. ENTERPRISE PRODUCTS OPERATING, LLC OSCN navigation Home Courts Court Dockets Legal Research ...
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OPINION BY ¶ 1 Plaintiffs/Appellants Michael and Debbie Grindstaff (Homeowners) sustained damage to their property as a result of water eroding the bank of a creek behind their home. Homeowners asserted several theories—including negligence and breach of contract—against their neighborhood homeowners association, Defendant/Appellee Oaks Owners’ Association, Inc. (HOA). Homeowners appeal the Order...
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¶ 1 This appeal arises from the divorce proceedings of RespondenVAppellant Lee Johnson (Husband) and Petitioner/Appellee Patricia Johnson (Wife). Husband appeals the parties’ divorce decree filed in March 2014. Husband’s primary argument on appeal is that although the trial court “has jurisdiction of the dissolution action pursuant to 43 O.S. 102(B)”-—which provides that “[a]ny person who has been...
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¶ 1 This appeal arises from the receivership of an insolvent insurance company, Defendant Pride National Insurance Company (Pride). Appellant, Fifth Third Bank (Bank), seeks review of the trial court’s order ordering Bank to turn over to the State of Oklahoma, ex rel. John D. Doak, Insurance Commissioner (Receiver), cash collateral securing Bank’s letter of credit. We hold that under the Insurance...
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[As amended by order of the Supreme Court May 2, 2017.] ¶1 This case asks us to decide whether Washington’s vested rights doctrine excuses compliance *351with the requirements of a municipal storm water permit. The Washington State Department of Ecology issued the third iteration of a municipal storm water permit pursuant to the Federal Water Pollution Control Act (also known as the Clean Water A...
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Petition for review of a decision of the Court of Appeals, No. 73325-7-I, August 1, 2016, 195 Wn. App. 1024. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 47756-4-II, August 30, 2016, 195 Wn. App. 1055. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 32568-7-III, July 7, 2016, 194 Wn. App. 904. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 47765-3-II, August 23, 2016, 195 Wn. App. 1050. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73292-7-I, August 8, 2016, 195 Wn. App. 1033. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 33099-1-III, August 23, 2016, 195 Wn. App. 1051. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73443-1-I, August 1, 2016, 195 Wn. App. 1025. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 46768-2-II, August 16, 2016, 195 Wn. App. 1042. Denied January 4, 2017....
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Petition for review of decisions of the Court of Appeals, Nos. 33073-7-III and 33074-5-III, September 1, 2016, 195 Wn. App. 745. Granted January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73047-9-I, August 29, 2016, 195 Wn. App. 570. Petitioner’s petition for review granted and respondent’s request for review granted January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 46802-6-II, June 14, 2016, 194 Wn. App. 1031. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 32374-9-III, August 4, 2016, 195 Wn. App. 1031. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 32354-4-III, June 14, 2016, 194 Wn. App. 457. Granted January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 72713-3-I, July 25, 2016, 25, 2016, 195 195 Wn. App. 161. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 46533-7-II, July 26, 2016, 195 Wn. App. 202. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73646-9-I, June 13, 2016, 2016, 194 194 Wn. App. 1029. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73834-8-I, August 15, 2016, 195 Wn. App. 423. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, Nos. 73434-2-I and 73536-5-I, July 25, 2016, 195 Wn. App. 170. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 32577-6-III, August 2, 2016, 195 Wn. App. 1030. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 47483-2-II, August 2, 2016, 195 Wn. App. 1029. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 33169-5-III, July 7, 2016, 194 Wn. App. 1052. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 72251-4-I, August 1, 2016, 195 Wn. App. 1022. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 33245-4-III, August 18, 2016, 195 Wn. App. 1047. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 72934-9-I, August 1, 2016, 195 Wn. App. 1023. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 72848-2-I, June 20, 2016, 20, 2016, 194 194 Wn. App. 660. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73758-9-I, July 5, 2016, 194 Wn. App. 877. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73843-7-I, August 1, 2016, 195 Wn. App. 1028. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 33241-1-III, August 9, 2016, 2016, 195 195 Wn. App. 355. Granted on a specific issue January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73448-2-I, July 5, 2016, 194 Wn. App. 1048. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 72512-2-1, June 20, 2016, 194 Wn. App. 1035. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73445-8-I, June 28, 2016. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 33198-9-III, May 3, 2016, 193 Wn. App. 1046. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 46093-9-II, April 12, 2016, 193 Wn. App. 1017. Granted and remanded to the Court of Appeals January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73504-7-I, August 8, 2016, 195 Wn. App. 1034. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, Nos. 73495-4-I and 74230-2-I, August 29, 2016, 195 Wn. App. 1052. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 33649-2-III, August 18, 2016, 195 Wn. App. 1047. Granted January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 32762-1-III, August 11, 2016, 195 Wn. App. 1039. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73459-8-I, May 31, 2016, 194 Wn. App. 1016. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 48058-1-II, August 16, 2016, 195 Wn. App. 464. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73409-1-I, July 5, 2016, 194 Wn. App. 835. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 47034-9-II, July 6, 2016, 194 Wn. App. 1050. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 72965-9-I, August 15, 2016, 195 Wn. App. 1040. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 72821-1-I, July 18, 2016, 195 Wn. App. 1004. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73760-0-I, July 11, 2016, 194 Wn. App. 1054. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 45939-6-II, August 9, 2016, 195 Wn. App. 1036. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73398-2-I, July 25, 2016, 195 Wn. App. 1014. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73315-0-I, April 11, 2016, 193 Wn. App. 254. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73046-1-I, July 25, 2016, 195 Wn. App. 1013. Denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 46967-7-II, July 26, 2016, 195 Wn. App. 224. Granted January 5, 2017....
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Motion for discretionary review of a decision of the Court of Appeals, No. 73754-6-I, June 24, 2016. Granted January 5, 2017....
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Petition for review of a decision of the Court of Appeals, No. 46445-4-II, June 15, 2016, 194 Wn. App. 554. Denied January 5, 2017....
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Petition for review of a decision of the Court of Appeals, No. 73337-1-I, June 13, 2016, 194 Wn. App. 442. Granted January 5, 2017....
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¶1 This case involves the scope of the immunity provisions of the Industrial Insurance Act (IIA), Title 51 RCW, as applied to a third party tort action against another employee when the accident occurred after working hours, but where the injured plaintiff qualified for benefits under the act. The trial court dismissed the suit on summary judgment, holding the act applied to bar suit. The Court of...
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¶1 Clark County Councilor Thomas Mielke filed recall charges essentially alleging that three fellow council members improperly held a vote in executive session, improperly designated the Columbian as the newspaper of record, and did not prevent the county executive from dissolving a county department. The superior court judge dismissed the charges as legally and factually insufficient, which Mielk...
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, No. 73311-7-1 CD Respondent, O v. STEVEN RICHARD HOUSER, ...
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Filed Washington State Court of Appeals Division Two ...
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" IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON rn rn r") -11 R. THORESON HOMES, LLC, a ...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 2 OCTOBER TERM, A.D. 2016 January 11, 2017 IN THE MATTER OF THE TERMINATION OF PARENTAL RIGHTS TO KGS, a Minor Child: RGS, Appellant (Respondent), ...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 4 OCTOBER TERM, A.D. 2016 January 19, 2017 BRANDON JOE OVERSON, Appellant (Defendant), v. ...
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Filed 1/19/17 IN THE SUPREME COURT OF CALIFORNIA BERTHE FELICITE KABRAN, ) ) Plaintiff and Respondent, ) ) S227393 v. ) ) Ct.App. 4/1 D064133 SHARP MEMORIAL HOSPITA...
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Filed 1/19/17 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S228049 v. ) ) Ct.App. 4/1 D060969 BILLY CHARLES WHITE, ...
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Filed 1/23/17 IN THE SUPREME COURT OF CALIFORNIA ASSOCIATION OF CALIFORNIA ) INSURANCE COMPANIES et al., ) ) Plaintiffs and Respondents, ) ) S226529 v. ) ) ...
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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 In the Disciplinary M...
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Notice: This opinion is subject to correction before publication in the P ACIFIC R EPORTER . 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 ERIN LONG, ...
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MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION The superior court terminated a father’s parental rights to his daughter, finding that the father had abandoned her and placed her in substantial risk of harm due to his heroin addiction. The father now argues that the superior court erred when it terminated his rights because he should have been given more time to remedy his substance abuse issues...
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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 In the Matter of the ...
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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 ELISSA SHANIGAN, ...
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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 CAROL HOPPER and ELIZ...
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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 RICHARD L. WAGNER, ...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 Fax...
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OPINION ¶ 1 In this defamation case, the superior court entered summary judgment in favor of the defendant based on the plaintiffs failure to comply with the notice of claim statute, Arizona Revised Statutes (A.R.S.) section 12-821.01. We hold that because § 12-821.01 applies to all actions brought against public employees related to acts within the scope of their employment, and the undisputed ev...
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OPINION ¶ 1 This is an appeal from the entry of summary judgment in favor of a general contractor that sought recovery from its subcontractor’s insurer (under which it was named as an “Additional Insured”) for the cost of replacing the subcontractor’s faulty work. The superior court held that coverage existed and entered summary judgment in favor of the contractor. We reverse and remand for entry...
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IN THE ARIZONA COURT OF APPEALS DIVISION TWO IN RE THE GUARDIANSHIP AND CONSERVATORSHIP OF: ROBERT SOMMER No. 2 CA-CV 2016-0111-FC Filed December 12, 2016 Appeal from the Superior Court in Pima County No. GC20150525 ...
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IN THE ARIZONA COURT OF APPEALS DIVISION TWO IN RE THE MARRIAGE OF CASSANDRA ALLEN, Petitioner/Appellee, and LYNN ALLEN, Respondent/Appellant. ...
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