Court Cases Court Cases

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

All Reporters → p3d → Volume 52

Opinions in p3d Volume 52

52 P.3d 1 (2002) 146 Wash.2d 904 CHELAN COUNTY, a municipal corporation; Eric Gebelein and Rebecca Waud, husband and wife, and the marital community composed thereof; Joseph J. Straus and Mary Shima, husband and wife, and the marital community composed thereof; Gary Kincaid and Julienne Kincaid, husband and wife, and the marital community composed thereof; and David Bale and Melissa Bale, husband...
Views: 0
52 P.3d 22 (2002) 147 Wash.2d 60 In the Matter of the ESTATE OF Angeline BACHMEIER, Deceased. Sandra L. Johnson, Respondent, v. John Bachmeier, Petitioner. No. 71491-6. Supreme Court of Washington, En Banc. Argued March 14, 2002. Decided August 8, 2002. Kenneth Rossback, Tacoma, for Petitioner. McFerran & Helsdon P.S., Jeffrey Helsdon, Christopher Constantine, Tacoma, for Respondent. JOHNSON,...
Views: 0
— [1-4] This case involves whether a community property agreement may impliedly terminate by operation of law when the marriage underlying it becomes defunct. We hold it does not and reverse the Court of Appeals decision, In re Estate of Bachmeier, 106 Wn. App. 862, 25 P.3d 498 (2001). We remand for further proceedings consistent with this opinion. Facts John and Angeline Bachmeier were married in...
Views: 0
52 P.3d 26 (2002) 147 Wash.2d 141 STATE of Washington, Respondent, v. Gregory E. OSTER, Petitioner. No. 71509-2. Supreme Court of Washington, En Banc. Argued March 19, 2002. Decided August 15, 2002. *27 David Donnan, Nancy Collins, Washington Appellate Project, Seattle, for Petitioner. Norm Maleng, King County Prosecutor, David Seaver, Cynthia Gannett, Ann Summers, Deputies, Seattle, for Responde...
Views: 0
— We are asked to determine the adequacy *143of a “to convict” jury instruction that omits prior convictions which act as an element of the charged crime. The State charged Gregory E. Oster with felony violation of a domestic violence no contact order. A single violation of a domestic violence no contact order (no contact order)1 is a gross misdemeanor, but is elevated to a felony when a jury find...
Views: 0
52 P.3d 30 (2002) NEWTON INSURANCE AGENCY, & BROKERAGE, INC., a Washington corporation, Respondent, v. CALEDONIAN INSURANCE GROUP, INC., a Washington corporation, Appellant. No. 48753-1-I. Court of Appeals of Washington, Division 1. August 12, 2002. As Amended September 23, 2002. *31 Phillip D. Noble, Helsell Fetterman Martin Todd & Hokanson, Seattle, WA, for respondent. Charles Edward Wa...
Views: 0
In this action for tortious interference and civil conspiracy, no questions of fact exist about Caledonian Insurance Group’s liability to Newton Insurance Agency, or about the amount of damages. The trial court therefore properly granted summary judgment in favor of Newton, and we affirm. *154FACTS In 1994, Newton Insurance Agency and Brokerage, Inc., purchased an insurance business from Terry Lyn...
Views: 0
52 P.3d 36 (2002) 113 Wash.App. 70 STATE of Washington, Respondent, v. Michael John ZATKOVICH, Appellant. No. 27237-7-II. Court of Appeals of Washington, Division 2. August 16, 2002. *38 Pattie Mhoon, Tacoma, (Court Appointed), for Appellant. Michelle Luna-Green, Pierce Co. Deputy Pros. Atty., Tacoma, for Respondent. *37 HUNT, C.J. Michael Zatkovich appeals his exceptional sentence for stalking, ...
Views: 0
52 P.3d 43 (2002) 113 Wash.App. 84 Mary J. SOMSAK, Appellant, v. CRITON TECHNOLOGIES/HEATH TECNA, INC., Respondent. No. 48948-8-I. Court of Appeals of Washington, Division 1. August 19, 2002. *45 Gordon C. Klug, Eims & Flynn P.S., Seattle, WA, for Appellant. Christine A. Foster, Seattle, WA, for Respondent, Mary Jo. Somsak. John R. Wasberg, Department of Labor & Industries, Seattle, WA, f...
Views: 0
Few persons would welcome the prospect of suppressing a murderer’s uncoerced confession. Often, and quite possibly in this case, such a confession affords the primary evidence linking the suspect to his crime. But cases do occur in which suppressing such a confession becomes not only an unwelcome and distasteful option but a constitutional necessity. This is such a case. As I will explain (post, a...
Views: 1
Opinion This appeal requires us to determine what an insured must prove in order to establish its rights under a lost or destroyed insurance policy. The trial court found that the insured had introduced sufficient secondary evidence to prove the substance of the policy’s material provisions, and rendered judgment for the insured. The Court of Appeal held that the insured was required instead to p...
Views: 0
124 Cal. Rptr. 2d 161 (2002) 28 Cal. 4th 1201 52 P.3d 95 The PEOPLE, Plaintiff and Respondent, v. James Allen MAR, Defendant and Appellant. No. S086611. Supreme Court of California. August 22, 2002. As Modified September 11, 2002. *163 Carlo Andreani, under appointment by the Supreme Court, for Defendant and Appellant. Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and D...
Views: 1
Opinion Resolving a question we left open in People v. Torres (2001) 25 Cal.4th 680, 686, footnote 2 [106 Cal.Rptr.2d 824, 22 P.3d 871], *1182we hold that before a defendant can be committed or recommitted under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq. (SVPA)),1 the trier of fact must find, beyond a reasonable doubt, that the defendant is likely to commit sexually vi...
Views: 0
Opinion Defendant Jeremy Brandon, who was charged with sexually molesting a seven-year-old boy, sought discovery of certain information in the personnel records of the two arresting officers. The trial court reviewed the materials in chambers and, as relevant here, ordered the disclosure of a citizen complaint filed against one of the officers 10 years before the arrest in this case. Although Evi...
Views: 0
52 P.3d 150 (2002) TRU-LINE METAL PRODUCTS, INC., Jody Sutherland, and Craig Holley, Appellants, v. U.S. FABRICATION & ERECTION, Appellee. No. S-9790. Supreme Court of Alaska. June 7, 2002. Rehearing Denied August 9, 2002. *151 Susan Orlansky and Jeffrey M. Feldman, Feldman & Orlansky, Anchorage, for Appellants. Bruce E. Davison and Joseph A. Pollock, Davison & Davison, Anchorage, for...
Views: 0
52 P.3d 155 (2002) Cynthia WOLD, individually and as Personal Representative of the Estate of Heidi Wold, Appellant, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, Appellee. No. S-9775. Supreme Court of Alaska. August 2, 2002. Laurel J. Peterson, Laurel J. Peterson, P.C., Anchorage, for Appellant. Daniel T. Quinn, Richmond & Quinn, Anchorage, for Appellee. Before: FABE, Chief Justice, MATTHEWS, ...
Views: 0
52 P.3d 166 (2002) Brock C. BAUDER, Appellant, v. ALASKA AIRLINES, INC., and Alaska Workers' Compensation Board, Appellees. No. S-9886. Supreme Court of Alaska. August 2, 2002. *168 David Graham, Graham Law Firm, Sitka, for Appellant. Mark L. Figura, Rose & Figura, Anchorage, for Appellee Alaska Airlines, Inc. Before FABE, Chief Justice, MATTHEWS, EASTAUGH, and CARPENETI, Justices. OPINION P...
Views: 0
OPINION INTRODUCTION ¶ 1 Alex Gonzales, manager of the Central Pawn Store in Phoenix, was charged with one count of trafficking in stolen property and one count of theft. The trial court dismissed both counts with prejudice after the state determined there was no reasonable likelihood of conviction. Gonzales sued the City of Phoenix and James Finnerty, a detective with the Phoenix Police Depa...
Views: 0
OPINION ¶ 1 Lemuel Prion was convicted by a jury January 28, 1999, of first degree murder, kidnaping (dangerous), and aggravated assault (dangerous). The murder of Diana Vi-cari occurred between October 22 and October 24, 1992. The kidnaping and aggravated assault of Tabitha Armenia occurred at the *159 end of 1992. Prion was acquitted of a sexual assault charge as to Tabitha Armenta. He was ...
Views: 0
SUPREME COURT OF ARIZONA En Banc RALPH E. HUGHES,an elector, ) Arizona Supreme Court ) No. CV-02-0222-AP/EL Plaintiff/Appellant, ) ) Maricopa County Superior v. ) Court ) No. CV 2002-012...
Views: 0
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO SANDRA SMITH, ) 2 CA-CV 2001-0125 ) DEPARTMENT A Plaintiff/Appellant, ) )...
Views: 0
52 P.3d 213 (2002) 203 Ariz. 181 DUWA, INC., Plaintiff-Appellant, v. CITY OF TEMPE, Defendant-Appellee. No. 1 CA-CV 01-0598. Court of Appeals of Arizona, Division 1, Department A. August 22, 2002. Jennings, Strouss & Salmon, P.L.C. By Douglas G. Zimmerman and John P. Robertson, II, Phoenix, Attorneys for Plaintiff-Appellant. C. Brad Woodford, Tempe City Attorney By Clifford L. Mattice, Assist...
Views: 0
52 P.3d 218 (2002) 203 Ariz. 186 The STATE of Arizona, Petitioner, v. Hon. Howard FELL, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Gayle Ilene Waldstein, Real Party in Interest. No. 2 CA-SA 2002-1148. Court of Appeals of Arizona, Division 2, Department B. August 22, 2002. *219 Barbara LaWall, Pima County Attorney, By Amy Pignate...
Views: 0
52 P.3d 223 (2002) Thomas E. RODDEN, Petitioner, v. COLORADO STATE PENITENTIARY (J. Doe, unknown name), Respondent. No. 01SC249. Supreme Court of Colorado, En Banc. March 25, 2002. Wilcox & Ogden, P.C., Ralph Ogden, Denver, Colorado, Attorneys for Petitioner. Ken Salazar, Attorney General, Paul S. Sanzo, First Assistant Attorney General, Denver, Colorado, Attorneys for Respondent. PER CURIAM....
Views: 0
52 P.3d 224 (2002) The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gary James HEILMAN, Defendant-Appellee. No. 01SA360. Supreme Court of Colorado, En Banc. April 22, 2002. Stuart A. Vanmeveren, District Attorney, Loren B. Schall, Assistant District Attorney, Mary Joan Berenato, Deputy District Attorney, Fort Collins, CO, Attorneys for Plaintiff-Appellant. Daniel E. Quinn, Fort Collin...
Views: 0
52 P.3d 230 (2002) Nick AVILA, Jr., Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 02PDJ005. Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. July 22, 2002. *231 Opinion by Presiding Disciplinary Judge ROGER L. KEITHLEY and two hearing board members, THOMAS J. OVERTON and DOUGLAS D. PIERSEL, both members of the bar. OPINION AND ORDER READMITTING N...
Views: 0
Opinion by REPORT, DECISION AND IMPOSITION OF SANCTION SANCTION IMPOSED: ATTORNEY DISBARRED A sanctions hearing pursuant to C.R.C.P. 251.15 was held on June 27, 2002, before the Hearing Board consisting of the Presiding Disciplinary Judge ("PDJ") and two hearing board members, Sherry A. Caloia and E. Steven Ezell, both members of the bar. Naney L. Coben, Deputy Attorney Regulation Counsel, repres...
Views: 0
Opinion by REPORT, DECISION AND IMPOSITION OF SANCTION SANCTION IMPOSED: ATTORNEY DISBARRED A sanctions hearing pursuant to C.R.C.P. 251.15 was held on March 5, 2002, before the Hearing Board consisting of the Presiding Disciplinary Judge Roger L. Keithley ("PDJ") and two hearing board members, Henry C. Frey and William J. Martinez, both members of the bar. Terry Bernuth, Assistant Attorney Regul...
Views: 0
Dissenting Opinion of with whom RAMIL, J., joins. I respectfully disagree with the majority’s position, inasmuch as- (1) the question of the *16paternity of Plaintiff John Doe Ill(Son) was never actually litigated in the prior divorce proceeding so as to give res judicata or binding effect, under the doctrine of collateral estoppel or issue preclusion, to the divorce decree’s statement that Son w...
Views: 0
OPINION OF THE COURT BY In this paternity case, the petitioners are the mother and her minor son. The respondents are the minor son’s statutorily presumed father and the minor son’s alleged father. The appellant is the minor son’s mother. In April 1987, Petitioner-Appellant Jane Doe (Mother) married Respondent-Appellee John Doe (Presumed Father). During them marriage, Mother gave birth to a daught...
Views: 0
52 P.3d 298 (2002) 99 Hawai`i 44 Virgilio N. CASUGA, Plaintiff-Appellant, v. Editha C. BLANCO, Defendant-Appellee. No. 23751. Intermediate Court of Appeals of Hawai`i. July 15, 2002. Eduardo O. Zabanal, Honolulu, on the brief, for plaintiff-appellant. WATANABE, Acting C.J., LIM, and FOLEY, JJ. Opinion of the Court by WATANABE, J. In this appeal, the attorney for Plaintiff-Appellant Virgilio N. Ca...
Views: 0
52 P.3d 307 (2002) 137 Idaho 663 PRIMARY HEALTH NETWORK, INC., Plaintiff-Appellant, v. STATE of Idaho, DEPARTMENT OF ADMINISTRATION, and Cynthia C. Dickinson, Defendants-Respondents. No. 27406. Supreme Court of Idaho, Boise, March 2002 Term. June 7, 2002. Rehearing Denied August 22, 2002. *309 Jim Jones & Associates, Boise, for appellant. Jim Jones argued. Hon. Alan G. Lance, Attorney General...
Views: 0
52 P.3d 315 (2002) 137 Idaho 671 STATE of Idaho, Plaintiff-Respondent, v. Lawrence E. GOMEZ, Defendant-Appellant. No. 26185. Supreme Court of Idaho. Boise, April 2002 Term. July 19, 2002. *317 Molly J. Huskey, Ada County Public Defender, Boise, for appellant. Richard J. Hansen argued. Hon. Alan G. Lance, Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued. SCHROEDER, Justice. Law...
Views: 0
Terena Champagne appeals from her judgments of conviction for possession of methamphetamine and possession of drug paraphernalia. Champagne argues the district court erred when it denied her motion to suppress and found that the search of her vehicle was a lawful search incident to arrest. We affirm. Champagne was driving to a grocery store at approximately 3 a.m. when an officer traveling in the ...
Views: 0
52 P.3d 325 (2002) 137 Idaho 681 STATE of Idaho, Plaintiff-Respondent, v. Melquiades DOMINGUEZ, Defendant-Appellant. No. 26791. Court of Appeals of Idaho. July 23, 2002. Richard L. Harris, Caldwell, for appellant. Hon. Alan G. Lance, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent. Karen A. Hudelson argued. LANSING, Judge. Melquiades Dominguez appeals from the ...
Views: 1
52 P.3d 329 (2002) 137 Idaho 685 STATE of Idaho, Plaintiff-Appellant, v. Kasie BUHLER, Defendant-Respondent. No. 27448. Court of Appeals of Idaho. July 29, 2002. *330 Hon. Alan G. Lance, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for appellant Karen A. Hudelson argued. Molly J. Huskey, Interim State Appellate Public Defender; Charles Isaac Wadams, Deputy Appellate Public...
Views: 0
This is an appeal from an intermediate appellate decision of the district court, which reversed a magistrate court’s order waiving juvenile jurisdiction and directing that the juvenile be held for adult criminal proceedings in a rape case. We affirm the decision of the district court. I. BACKGROUND A juvenile petition charging thirteen-year-old John Doe with the rape of a four-year-old girl was fi...
Views: 0
30 Kan. App. 2d 937 (2002) 52 P.3d 339 STATE OF KANSAS, Appellee, v. BRANDON K. GIBSON, Appellant. Nos. 87,347, 87,348. Court of Appeals of Kansas. Opinion filed August 23, 2002. *939 Gwynne E. Harris, of Topeka, for appellant. Brenda M. Jordan, assistant county attorney, William E. Kennedy, III, county attorney, and Carla J. Stovall, attorney general, for appellee. Before GERNON, P.J., MARQUARDT...
Views: 0
dissenting: I respectfully dissent from the majority opinion. The majority opinion affirms the decision of the trial court to suppress evidence obtained by the police as a result of the stop and detention of the defendant. The suppression had the effect of *985making it impossible for the State to convict the defendant for driving under the influence, even though he failed his Intoxilyzer breath t...
Views: 0
30 Kan. App. 2d 967 (2002) 52 P.3d 360 In the Matter of the Marriage of LORRI RIGGLE (BOWLES), Appellant, and DAVID W. RIGGLE, Appellee. No. 88,115. Court of Appeals of Kansas. Opinion filed August 23, 2002. *969 Elizabeth Hill, of Caviar & Hill, L.L.C., of Leawood, for appellant. Joseph W. Booth, of Rose, Nelson & Booth, of Overland Park, for appellee. Before GERNON, P.J., MARQUARDT and ...
Views: 0
30 Kan. App. 2d 957 (2002) 52 P.3d 368 STATE OF KANSAS, Appellant, v. ROBERT J. WELLER, Appellee. No. 87,611. Court of Appeals of Kansas. Opinion filed August 23, 2002. Stacy Lynn Cunning, assistant county attorney, Ellen H. Mitchell, county attorney, and Carla J. Stovall, attorney general, for appellant. James L. Sweet, of Sweet & Sheahon, of Salina, for appellee. Before ELLIOTT, P.J., ROGG,...
Views: 0
30 Kan. App. 2d 921 (2002) 52 P.3d 371 STATE OF KANSAS, Appellee, v. DAVID H. SPURLOCK, Appellant. No. 87,162. Court of Appeals of Kansas. Opinion filed August 23, 2002. *922 Mary Curtis, assistant appellate defender, and Steven R. Zinn, deputy appellate defender, for appellant. James B. Pattison, pro tem county attorney, David E. Yoder, assistant county attorney, Matt Treaster, county attorney, ...
Views: 0
52 P.3d 383 (2002) 2002 MT 176 VIRGINIA CITY, a Municipal corporation, and Political Subdivision of the State of Montana, Plaintiff and Respondent, v. Greg OLSEN and Phillip Mason, Jr., Defendants and Appellants. No. 01-048. Supreme Court of Montana. Submitted on Briefs October 11, 2001. Decided August 8, 2002. John P. Poston, Attorney at Law, Helena, Montana, for Appellants. William A. Hritsco, ...
Views: 1
52 P.3d 388 (2002) 2002 MT 177 ALDRICH & CO., Plaintiff and Respondent, v. Tanner ELLIS and Rhonda M. Ellis, d/b/a Yellowstone Log Works, Defendants and Appellants. No. 01-424. Supreme Court of Montana. Submitted on Briefs December 20, 2001. Decided August 8, 2002. *390 Gregory O. Morgan, Gregory O. Morgan, P.C., Bozeman, Montana, For Appellants. Karl Knuchel, Karl Knuchel, P.C., Livingston, ...
Views: 0
delivered the Opinion of the Court. ¶1 John Fishbaugh (John) appeals from the judgment entered by the Fifteenth Judicial District Court, Sheridan County, on its findings of *521 fact, conclusions of law and decree of dissolution. We affirm. ¶2 John raises the following issues: ¶3 1. Did the District Court err in denying John’s motion to continue the trial? ¶4 2. Did the District Court a...
Views: 0
52 P.3d 404 (2002) 132 N.M. 544 2002-NMSC-026 STATE of New Mexico, Plaintiff-Petitioner, v. Travis FRANK, Defendant-Respondent. No. 26,907. Supreme Court of New Mexico. July 24, 2002. Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Petitioner. Phyllis H. Subin, Chief Public Defender, Laurel A. Knowles, Assistant Appellate Defender, Santa Fe, NM...
Views: 0
52 P.3d 412 (2002) 132 N.M. 552 2002-NMCA-088 Arthur L. GALLAGHER, personal representative of the Estate of Virginia Steele Gallagher, deceased, Plaintiff-Appellant, v. SANTA FE FEDERAL EMPLOYEES FEDERAL CREDIT UNION, a financial institution, Defendant-Appellee, and Philbert Garcia, Revina L. Garcia, and Wells Fargo Bank, N.A., Defendants. No. 22,003. Court of Appeals of New Mexico. April 10, 200...
Views: 0
52 P.3d 418 (2002) 132 N.M. 558 2002-NMCA-086 Rose L. GONZALES, Personal Representative of the Estate of Leonarda L. Lopez, Deceased, Plaintiff-Appellee, v. Leeroy LOPEZ, Ruthalene P. Lopez, and Eddie Paul Lopez, Defendants-Appellants. No. 21,813. Court of Appeals of New Mexico. June 27, 2002. *421 Kelan Emery, Taos, NM, for Appellee. G. Holdt Garver, G. Holdt Garver, Chartered, Albuquerque, NM, ...
Views: 0
Opinion by . T1 This is an appeal of an attorney fee award under 12 0.8.1991 § 986. We find no abuse of discretion and affirm. 1 2 Plaintiff/ Appellee Pezold, Richey, Caruso & Barker (Law Firm) represented Defendant/Appellant Cherokee Nation Industries, Inc. (CNT) as plaintiff in a breach of contract lawsuit. Law Firm began its representation of CNI under an hourly-rate agreement, but, because CN...
Views: 0
The City of Cannon Beach approved defendants’ application to build a garage with a guest room on their property.1 Plaintiff filed a complaint in the trial court challenging the city’s decision to approve the application. The court dismissed the complaint because the Land Use Board of Appeals (LUBA) has exclusive jurisdiction to review the city’s decision.2 Plaintiff appeals, and we affirm. Plainti...
Views: 0
52 P.3d 441 (2002) 183 Or.App. 260 Trudy JETT and Ron Jett, Respondents, v. FORD MOTOR COMPANY, a Delaware corporation, Appellant, and Milligan Motors, Inc., an Oregon corporation, Defendant. Ford Motor Company, a Delaware corporation, and Milligan Motors, Inc., an Oregon corporation, Third-Party Plaintiffs, v. Tim Testerman, dba Advanced Auto Detailing, Third-Party Defendant. 9801-00538; A111123...
Views: 0
Defendant was convicted of obstructing governmental administration, ORS 162.235, and failure to display a driver’s license, ORS 807.570. She argues on appeal that the record does not demonstrate that she knowingly and intentionally waived her right to counsel. The state concedes that the record does not demonstrate that defendant knowingly and intentionally waived her right to counsel. We accept t...
Views: 0
52 P.3d 451 (2002) 2002 UT App 211 STATE of Utah, Plaintiff and Appellee, v. Juan Quiterio PEREZ, Defendant and Appellant. No. 20000517-CA. Court of Appeals of Utah. June 20, 2002. *452 Stephen R. McCaughey, McCaughey & Metos, Salt Lake City, for Appellant. Mark L. Shurtleff, Attorney General, and Marian Decker, Assistant Attorney General, Salt Lake City, for Appellee. Before Judges BENCH, DA...
Views: 0
52 P.3d 461 (2002) 2002 UT App 229 STATE of Utah, Plaintiff and Appellee, v. Wade WILLIS, Defendant and Appellant. No. 20010495-CA. Court of Appeals of Utah. July 5, 2002. Margaret P. Lindsay, Provo, for Appellant. Mark L. Shurtleff and Brett J. DelPorto, Salt Lake City, for Appellee. Before Judges JACKSON, DAVIS, and THORNE. OPINION JACKSON, Presiding Judge: ¶ 1 Defendant appeals his conviction...
Views: 0
52 P.3d 462 (2002) 2002 UT App 235 STATE of Utah, Plaintiff and Appellant, v. Dean Allen MOGEN, Defendant and Appellee. No. 20010207-CA. Court of Appeals of Utah. July 11, 2002. *464 Mark L. Shurtleff, Atty. Gen., and Joanne C. Slotnik, Asst. Atty. Gen., Salt Lake City, for Appellant. Wesley M. Baden, Uintah County Legal Defender, Vernal, and Richard P. Mauro, Salt Lake City, for Appellee. Before...
Views: 0
52 P.3d 467 (2002) 2002 UT App 234 STATE of Utah, Plaintiff and Appellee, v. Kelly Lafe GARNER, Defendant and Appellant. No. 20010462-CA. Court of Appeals of Utah. July 11, 2002. *468 Maurice Richards and Jerald N. Engstrom, Ogden, for Appellant. Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee. Before Judges JACKSON, BILLINGS, and BENCH. OPINION BILLINGS, Associate Presidin...
Views: 0
52 P.3d 472 (2002) 147 Wash.2d 114 Jeff KAMLA and Lois Kamla, husband and wife, Petitioners, v. The SPACE NEEDLE CORPORATION, a Washington corporation, Respondent. No. 70966-1. Supreme Court of Washington, En Banc. Argued November 27, 2001. Decided August 15, 2002. *473 Messina Law Firm, Stephen Bulzomi, David A. Bufalini, Tacoma, for Petitioners. Johnson & Martens P.S., Robert L. Christie, S...
Views: 0
— This case involves a personal injury action brought against a jobsite owner by an injured employee of a contractor. The injured employee argued the jobsite owner owed him a common law duty of care based on the jobsite owner’s alleged retained control over the manner in which the contractor completed the job. The injured employee further argued the jobsite owner owed him a statutory duty of care ...
Views: 0
52 P.3d 485 (2002) 147 Wash.2d 98 Virginia L. SMITH, Respondent, v. WHATCOM COUNTY DISTRICT COURT, and the Honorable Edward Ross, Appellant. No. 70817-7. Supreme Court of Washington, En Banc. Argued March 12, 2002. Decided August 15, 2002. *487 David McEachran, Whatcom County Prosecutor, Thomas Seguine, Deputy, Bellingham, for Appellant. Eric Weight, Bellingham, for Respondent. *486 OWENS, J. Vir...
Views: 0
— Virginia Smith was jailed by the Whatcom County District Court for nonpayment of fines that were seven and five years old. The superior court granted a writ of habeas corpus on the ground that former RCW 3.66.068 (1999) limits the district court’s subject matter jurisdiction to jail a defendant for nonpayment of fines to a period of two years after a conviction. The district court appeals. Altho...
Views: 0
52 P.3d 494 (2002) 147 Wash.2d 148 OLIVINE CORPORATION, a Washington corporation, Respondent, v. UNITED CAPITOL INSURANCE COMPANY, a Wisconsin corporation, Petitioner. No. 71095-3. Supreme Court of Washington, En Banc. Argued February 12, 2002. Decided August 22, 2002. *495 Grant Law Firm, Jeffrey Grant, Benjamin Schwartzman, Seattle, for Petitioner. Steven Hager, Ludwigson Thompson Hayes & B...
Views: 0
52 P.3d 503 (2002) 147 Wash.2d 166 Barbara J. BELL, Petitioner, v. STATE of Washington, Respondent, Randy Garrett and Jane Doe Garrett, husband and wife; Cedar Bridge Associates; John W. Colson and Jane Doe Colson, husband and wife; John W. Colson & Associates, Defendants. No. 71485-1. Supreme Court of Washington, En Banc. Argued May 9, 2002. Decided August 22, 2002. Reconsideration Denied Oc...
Views: 0
A plaintiff in a negligent parole supervision action must prove the inadequate supervision proximately caused the complained-of injuries. Here Barbara Bell, abducted and raped by a sex offender on parole, sued the State of Washington for failing to use reasonable care to supervise the parolee. The jury found the State breached its duty to reasonably supervise but also found that breach was not a p...
Views: 0
52 P.3d 512 (2002) 147 Wash.2d 184 In re the MARRIAGE OF Raymond WRIGHT, Respondent, and Elisabeth Wright, Petitioner. No. 71619-6. Supreme Court of Washington, En Banc. Argued May 16, 2002. Decided August 22, 2002. *513 David Trujillo, Yakima, for Petitioner. Dauber Bartheld & Schwartz, Richard Bartheld, Yakima, for Respondent. OWENS, J. At issue in this dissolution action is the method for ...
Views: 0
— At issue in this dissolution action is the method for calculating the present value of an employee-spouse’s vested but unmatured pension. The trial court exercised its discretion and based the present value on what it found to be the employee-spouse’s likely retirement age rather than on the earliest date at which the pension would mature. The Court of Appeals affirmed the decision. We likewise ...
Views: 0
52 P.3d 522 (2002) 113 Wash.App. 34 THORNTON CREEK LEGAL DEFENSE FUND, Appellant/Cross-Respondent, Victory Heights Chapter of Ponders, Petitioner/Plaintiff, v. CITY OF SEATTLE, a municipal corporation, Simon Property Group, Respondents/Cross-Appellants. Thornton Creek Legal Defense Fund, Citizens for a Liveable Northgate, Appellants/Cross-Respondents, and Victory Heights Chapter of Ponders, Petit...
Views: 0
— This case involves a challenge to the City of Seattle’s approval of General Development Plans (GDPs) for the future expansion of Northgate Mall. In 1993, the City designated Northgate Mall and the surrounding area as one of Seattle’s “urban centers,” adopting the Northgate Area Comprehensive Plan and the Northgate Overlay Dis*41trict. Simon Property Group owns the Northgate Mall property and pre...
Views: 0
52 P.3d 539 (2002) 113 Wash.App. 100 STATE of Washington, Respondent, v. Phyla Jo NEELEY, Appellant. No. 20109-1-III. Court of Appeals of Washington, Division 3, Panel Two. August 20, 2002. *541 Bevan J. Maxey, E. Armstrong Williams, Maxey Law Offices P.S., Spokane, WA, for Appellant. Kevin M. Korsmo, Andrew J. Metts, III, Deputy Prosecuting Attorneys, Spokane, WA, for Respondent. *540 BROWN, C.J...
Views: 0
52 P.3d 545 (2002) 113 Wash.App. 122 STATE of Washington, Respondent, v. Ardis L. WILSON, Appellant. In re Personal Restraint Petition of Ardis L. Wilson, Petitioner. Nos. 19887-1-III, 20536-3-III. Court of Appeals of Washington, Division 3, Panel Eight. August 22, 2002. *547 Paul J. Wasson, Attorney at Law, Spokane, WA, for Appellant. Kevin M. Korsmo, Andrew J. Metts, III, Matthew F. Duggan, Dep...
Views: 0
52 P.3d 555 (2002) 113 Wash.App. 157 MALTED MOUSSE, INC., a Washington Corporation, Respondent, v. Michael A. STEINMETZ, Appellant. No. 27170-2-II. Court of Appeals of Washington, Division 2. August 23, 2002. *556 Michael A. Steinmetz, Pro Se. Martin Burns, McFerran & Helson Ps, Tacoma, WA, for Respondent. QUINN-BRINTNALL, A.C.J. Michael Steinmetz started to purchase espresso equipment and tr...
Views: 0
52 P.3d 560 (2002) 113 Wash.App. 166 PUGET SOUND ENERGY, INC., Appellant, v. John M. ADAMO, Respondent. No. 49898-3-I. Court of Appeals of Washington, Division 1. August 23, 2002. *561 John R. Wasberg, Dept of Labor & Industries, Seattle, WA, for Defendant DLI. Michael L. Hall, Perkins Coie, Seattle, WA, for Appellant. Kathryn Carman Comfort, Small Snell & Weiss Ps, Tacoma, WA, for Respon...
Views: 0
52 P.3d 564 (2002) 2002 WY 121 In the matter of The Worker's Compensation Claim of Lynn J. BRIELEY, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent). No. 01-166. Supreme Court of Wyoming. August 14, 2002. *565 Kennard F. Nelson of Kirkwood Nelson Schilling & Winn, P.C., Laramie, Wyoming, Representing Appellant. Hoke...
Views: 0
124 Cal. Rptr. 2d 373 (2002) 28 Cal. 4th 1083 52 P.3d 572 The PEOPLE, Plaintiff and Respondent, v. Isaac GUTIERREZ, Jr., Defendant and Appellant. No. S018634. Supreme Court of California. August 15, 2002. As Modified August 15, 2002. Rehearing Denied October 2, 2002. As Modified October 2, 2002. Certiorari Denied April 28, 2003. *388 Paul M. Posner, under appointment by the Supreme Court, Paso Ro...
Views: 0
124 Cal.Rptr.2d 435 (2002) 29 Cal.4th 105 52 P.3d 624 The PEOPLE, Plaintiff and Respondent, v. Greg ACOSTA, Defendant and Appellant. The People, Plaintiff and Respondent, v. David Lewis Cornelius, Defendant and Appellant. Nos. S089120, S068743. Supreme Court of California. August 15, 2002. As Modified August 16, 2002. As Modified September 11, 2002. *437 David H. Goodwin, under appointment by the...
Views: 0
124 Cal.Rptr.2d 464 (2002) 28 Cal.4th 1166 52 P.3d 648 The PEOPLE, Plaintiff and Respondent, v. Arturo GARCIA, Defendant and Appellant. In re Arturo Garcia on Habeas Corpus. No. S097765. Supreme Court of California. August 22, 2002. *465 Maxine Weksler, Agoura Hills, under appointment by the Supreme Court, for Defendant and Appellant. Bill Lockyer, Attorney General, David P. Druliner and Robert R...
Views: 1
Opinion I. Introduction Petitioner Jesse James Andrews was convicted of capital murder. (See People v. Andrews (1989) 49 Cal.3d 200 [260 Cal.Rptr. 583, 776 P.2d 285] (Andrews I).) As recounted in Andrews I, the evidence at trial established the following: “On the evening of December 9, 1979, police were summoned to the Los Angeles apartment of Preston Wheeler. There they found the bodies of Wheele...
Views: 0
124 Cal. Rptr. 2d 507 (2002) 29 Cal. 4th 53 52 P.3d 685 EQUILON ENTERPRISES, LLC, Plaintiff and Appellant, v. CONSUMER CAUSE, INC., Defendant and Respondent. No. S094877. Supreme Court of California. August 29, 2002. *509 McCutchen, Doyle, Brown & Enersen, Leslie G. Landau, San Francisco, Colleen P. Doyle, Los Angeles, Deborah A. Nolan, Matthew Moran, Robert A. Brundage, Margaret Prinzing and...
Views: 3
Opinion Must a defendant, in order to obtain a dismissal of a strategic lawsuit against public participation (SLAPP)1 under Code of Civil Procedure section 425.16 (section 425.16; the anti-SLAPP statute), demonstrate that the action was brought with the intent to chill the defendant’s exercise of constitutional speech or petition rights? For the following reasons, we conclude not.2 Background As ...
Views: 0
124 Cal.Rptr.2d 519 (2002) 29 Cal.4th 69 52 P.3d 695 CITY OF COTATI, Plaintiff and Appellant, v. Gene CASHMAN et al., Defendants and Respondents. No. S099999. Supreme Court of California. August 29, 2002. *522 Endeman, Lincoln, Turek & Heater, Donald R. Lincoln, Henry E. Heater, San Diego. Linda B. Reich, San Diego; Walter & Pistole and Jeffrey A. Walter, Sonoma, for Plaintiff and Appella...
Views: 1
Opinion The question presented is whether this action based on the defendant’s having filed counterclaims in a prior, unrelated proceeding in federal court, is one “arising from” activity protected by Code of Civil Procedure section 425.16 (section 425.16; the anti-SLAPP statute), which provides for early dismissal of certain actions known as “strategic lawsuits against public participation.”1 We...
Views: 0
52 P.3d 720 (2002) Miguel NUNEZ, Appellant, v. AMERICAN SEAFOODS, Appellee. No. S-9875. Supreme Court of Alaska. July 12, 2002. Lanning M. Trueb, Beard, Stacey, Trueb, Jacobsen & Stehle, LLP, Anchorage, for Appellant. Michael A. Barcott and Stephen C. Smith, Holmes, Weddle & Barcott, Seattle, Washington, for Appellee. Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI,...
Views: 0
52 P.3d 724 (2002) Donald H. MARTIN, Appellant, v. Melinda K. MARTIN, Appellee. No. S-9837. Supreme Court of Alaska. July 19, 2002. Rehearing Denied September 5, 2002. *726 Peggy A. Roston, Law Office of Peggy A. Roston, Anchorage, for Appellant. Barbara A. Norris, Law Office of Barbara A. Norris, Anchorage, for Appellee. Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Jus...
Views: 0
52 P.3d 732 (2002) ALASKANS FOR EFFICIENT GOVERNMENT, INC., an Alaskan non-profit corporation, Robert J. Monson and Mark Chryson, Appellants, v. STATE of Alaska and Fran Ulmer, in her Official Capacity as the Lieutenant Governor of Alaska, Appellees. No. S-10633. Supreme Court of Alaska. August 7, 2002. Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices. EASTAUGH, Ju...
Views: 0
52 P.3d 739 (2002) William HUNT, Appellant, v. UNIVERSITY OF ALASKA, FAIRBANKS, Appellee. No. S-10115. Supreme Court of Alaska. August 9, 2002. Rehearing Denied October 25, 2002. *740 William Hunt, pro se, North Pole. Paul B. Eaglin, University of Alaska Office of the General Counsel, Fairbanks, for Appellee. Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices. OPINI...
Views: 0
52 P.3d 739 (2002) William HUNT, Appellant, v. UNIVERSITY OF ALASKA, FAIRBANKS, Appellee. No. S-10115. Supreme Court of Alaska. August 9, 2002. Rehearing Denied October 25, 2002. *740 William Hunt, pro se, North Pole. Paul B. Eaglin, University of Alaska Office of the General Counsel, Fairbanks, for Appellee. Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices. OPINI...
Views: 0
52 P.3d 746 (2002) William R. HAMMOCK, Appellant, v. STATE of Alaska, Appellee. No. A-7800. Court of Appeals of Alaska. July 12, 2002. *747 David Graham, Graham Law Firm, Sitka, for Appellant. Kurt C. Twitty, Assistant District Attorney, Sitka, Richard Svobodny, District Attorney, Juneau, and Bruce M. Botelho, Attorney General, Juneau, for Appellee. Before: COATS, Chief Judge, and MANNHEIMER and ...
Views: 0
OPINION A jury convicted Sean R. Beatty of conspiracy to commit robbery in the first degree1 and robbery in the first degree2 Beatty appeals, arguing Superior Court Judge Larry D. Card erred in rejecting the defense's proposed jury instructions on the lesser-included offense of attempted robbery in the first degree. We conclude that Judge Card did not err in refusing to give the instruction becaus...
Views: 1
52 P.3d 760 (2002) 203 Ariz. 191 B.J. LOGAN and Nancy Logan, husband and wife, Plaintiffs-Appellants, v. FOREVER LIVING PRODUCTS INTERNATIONAL, INC., Aloe Vera of America, Inc., a Texas corporation doing business as Maughan Ranches, and Rex and Ruth Maughan, husband and wife,[1] Defendant-Appellee. No. CV-01-0367-PR. Supreme Court of Arizona, En Banc. July 25, 2002. *761 Law Offices of William R....
Views: 1
OPINION ¶ 1 We granted review to address whether Rule 408, Arizona Rules of Evidence (Ariz. R. Evid.), prohibits admission of evidence contained in a notice of claim filed pursuant to Arizona Revised Statutes (A.R.S.) section 12-821.01 (Supp.2001) when the evidence is introduced to impeach a party’s credibility. We conclude that, assuming Rule 408 applies, the rule would not preclude the use of i...
Views: 0
52 P.3d 774 (2002) 203 Ariz. 205 In re Linda Lorraine KROHN, Debtor. Linda Lorraine Krohn, Plaintiff, v. Sweetheart Properties, LTD. an Arizona Corporation; Citimortgage, Inc., Defendants. No. CV-01-0246-CQ. Supreme Court of Arizona, En Banc. August 27, 2002. Reconsideration Denied September 24, 2002. *775 Allen D. Butler, Tempe, Attorney for Linda Lorraine Krohn. David L. Knapper, Phoenix, Attor...
Views: 0
OPINION ¶ 1 Linda Lorraine Rrohn (Rrohn) filed a chapter 13 bankruptcy petition that was dismissed. Shortly after that dismissal, her home was sold to Sweetheart Properties, Ltd. (Sweetheart) at a trustee’s sale conducted under authorization of a deed of trust. She filed a second bankruptcy petition seeking to have the sale of her home vacated for gross inadequacy of price. Bankruptcy Judge Redfi...
Views: 0
OPINION ¶ 1 This appeal arises from an action for breach of a guaranty executed by defendants Tucson Orthopaedic and Fracture Surgery, P.C., and Richard and Margot Silver (collectively, the Silvers) in favor of plaintiffs Tenet HealthSystem TGH, Inc., and Tenet Health-System WRF, Inc. (collectively, Tenet). The trial court granted the Silvers’ motion for partial summary judgment in Tenet’s acti...
Views: 0
52 P.3d 795 (2002) 203 Ariz. 226 Thomas E. BLANKENBAKER, D.C., dba Vax-D Medical Centers, an Arizona sole proprietorship, Plaintiff, Counterdefendant-Appellant, v. Tommy JONOVICH, an individual, Defendant, Counterclaimant-Appellee. No. 1 CA-CV-01-0379. Court of Appeals of Arizona, Division 1, Department C. September 3, 2002. *796 Thomas E. Blankenbaker, D.C., Mesa, In propria persona. Sanders &am...
Views: 0
52 P.3d 799 (2002) 203 Ariz. 230 James PORTER, personal representative of the Estate of Mary Jane Porter, Deceased, for and on behalf of Kyle Porter, Emily Porter, and Erica Porter, minors, Plaintiff-Appellant, v. TRIAD OF ARIZONA (L.P.), fka Galen Of Arizona, Inc., dba Paradise Valley Hospital, an Arizona corporation; Eric Mann, M.D., Defendants-Appellees. No. 1 CA-CV-01-0216. Court of Appeals o...
Views: 0
52 P.3d 804 (2002) 203 Ariz. 235 The STATE of Arizona, Appellee, v. Marc Anthony BENENATI, Appellant. No. 2 CA-CR 1999-0064. Court of Appeals of Arizona, Division 2, Department A. September 3, 2002. *805 Janet Napolitano, Arizona Attorney General, By Randall M. Howe and Kerri L. Chamberlin, Tucson, for Appellee. Isabel G. Garcia, Pima County Legal Defender, By Alex Heveri, Tucson, for Appellant. ...
Views: 0
52 P.3d 812 (2002) 203 Ariz. 243 HALLMARK INDUSTRIES, L.L.C., an Arizona limited liability company, Plaintiff/Appellant, v. FIRST SYSTECH INTERNATIONAL, INC., a corporation; Friedman Corporation, a corporation, Defendants/Appellees. No. 2 CA-CV 2001-0186. Court of Appeals of Arizona, Division 2, Department B. September 5, 2002. Law Offices of George J. Feulner, by George J. Feulner, Tucson, for p...
Views: 0
52 P.3d 816 (2002) ALLSTATE INSURANCE COMPANY, Petitioner, v. Gloria HUIZAR, Respondent. No. 01SC9. Supreme Court of Colorado, En Banc. June 10, 2002. *817 Steven C. Choquette, Holland & Hart, L.L.P., Denver, Colorado, Attorney for Petitioner. Lloyd C. Kordick, Colorado Springs, Colorado, Joseph J. Archuleta, Denver, Colorado, Attorneys for Respondent. J. Gregory Walta, Colorado Springs, Colo...
Views: 2
52 P.3d 823 (2002) 99 Hawai`i 53 Wayne C. METCALF, III in his capacity as Liquidator and Trustee of the PGMA Liquidating Trust, Plaintiff-Appellee/Cross-Appellant, v. VOLUNTARY EMPLOYEES' BENEFIT ASSOCIATION OF HAWAI`I, Defendant-Appellant/Cross-Appellee. No. 23084. Supreme Court of Hawai`i. August 22, 2002. *824 Paul A. Schraff and Eric K. Sakai (of Dwyer, Imanaka, Schraff, Kudo, Meyer & Fuj...
Views: 0
Opinion of the Court by Defendant-appellant/cross-appellee Voluntary Employees’ Benefit Association of Hawaii (VEBAH) and plaintiff-appellee/cross-appellant State Insurance Commissioner Wayne C. Metcalf, III, [hereinafter, the Commissioner] appeal from the December 27, 1999 amended judgment of the Circuit Court of the First Circuit, the Honorable Kevin S.C. Chang presiding. VEBAH argues that the c...
Views: 0
52 P.3d 840 (2002) 137 Idaho 695 SANDERS ORCHARD, a partnership, composed of Maurice Sanders and Sandy Sanders; and Sands Orchards, Inc., Petitioners-Respondents, v. GEM COUNTY, Idaho, by and through its BOARD OF COUNTY COMMISSIONERS, Respondent-Appellant. No. 26629. Supreme Court of Idaho, Boise, January 2002 Term. May 31, 2002. Rehearing Denied August 6, 2002. *841 Richard K. Linville, Gem Coun...
Views: 0
52 P.3d 840 (2002) 137 Idaho 695 SANDERS ORCHARD, a partnership, composed of Maurice Sanders and Sandy Sanders; and Sands Orchards, Inc., Petitioners-Respondents, v. GEM COUNTY, Idaho, by and through its BOARD OF COUNTY COMMISSIONERS, Respondent-Appellant. No. 26629. Supreme Court of Idaho, Boise, January 2002 Term. May 31, 2002. Rehearing Denied August 6, 2002. *841 Richard K. Linville, Gem Coun...
Views: 0
52 P.3d 848 (2002) 137 Idaho 703 Rodney W. FOX, dba State Fire & Safety Systems, Plaintiff-Appellant, v. MOUNTAIN WEST ELECTRIC, INC., Defendant-Respondent. No. 26289. Supreme Court of Idaho, Boise, May 2002 Term. June 6, 2002. Rehearing Denied August 1, 2002. *850 Wright, Wright & Johnson, PLLC, Idaho Falls, for appellant. David A. Johnson argued. Baker & Harris, Blackfoot, for respo...
Views: 0
52 P.3d 857 (2002) 137 Idaho 712 STATE of Idaho, Plaintiff-Respondent, v. Arvind NATH, Defendant-Appellant. No. 26874. Supreme Court of Idaho, Boise, February 2002 Term. July 5, 2002. Rehearing Denied August 28, 2002. *858 Nevin, Herzfeld, Benjamin & McKay, Boise, for appellant. Dennis A. Benjamin argued. Alan G. Lance, Attorney General, Boise, for respondent. T. Paul Krueger II argued. SCHRO...
Views: 0
52 P.3d 863 (2002) 137 Idaho 718 John FLOYD, Leon Dance, Mindy Jo Collier f/b/o Mindy Jo Collier Trust, Petitioners-Respondents and Cross-Appellants, v. BOARD OF COMMISSIONERS OF BONNEVILLE COUNTY, Idaho, governing body of a political subdivision of the State of Idaho, Respondent-Appellant and Cross Respondent, and Idaho Department of Fish and Game, Intervenor-Appellant and Cross Respondent. John...
Views: 0
52 P.3d 874 (2002) 137 Idaho 729 STATE of Idaho, Plaintiff-Respondent, v. Donald Kenneth FETTERLY, Defendant-Appellant. Donald Kenneth Fetterly, Petitioner-Appellant, v. State of Idaho, Respondent. No. 26563, 27180. Supreme Court of Idaho, Boise, March 2002 Term. August 6, 2002. Rehearing Denied August 22, 2002. Molly J. Huskey, Interim State Appellate Public Defender, Boise, for appellant. Rolf ...
Views: 0
52 P.3d 875 (2002) 137 Idaho 730 STATE of Idaho, Plaintiff-Appellant, v. Erik Delbert BOTTENS, Defendant-Respondent. No. 26579. Court of Appeals of Idaho. March 20, 2002. Rehearing Denied May 15, 2002. Rehearing Denied August 22, 2002. *876 Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued. Siebe Law Office, Mosc...
Views: 0
52 P.3d 878 (2002) 137 Idaho 733 STATE of Idaho, Plaintiff-Respondent, v. Kalina J. SWADER, Defendant-Appellant. No. 26440. Court of Appeals of Idaho. March 25, 2002. Rehearing Denied March 25, 2002. *880 Molly J. Huskey, Interim State Appellate Public Defender; Paul S. Sonenberg, Deputy Appellate Public Defender, Boise, for appellant. Paul S. Sonenberg argued. Hon. Alan G. Lance, Attorney Genera...
Views: 0
52 P.3d 886 (2002) 137 Idaho 741 STATE of Idaho, Plaintiff-Respondent, v. Jason Howard FUHRIMAN, Defendant-Appellant. No. 27682. Court of Appeals of Idaho. August 7, 2002. Rehearing Denied March 25, 2002. *888 Molly J. Huskey, Interim State Appellate Public Defender; Nancy C. Luebbert, Special Deputy Appellate Public Defender, Boise, for appellant. Hon. Alan G. Lance, Attorney General; Lori A. Fl...
Views: 2
This is an original proceeding in discipline filed by the Disciplinary Administrator against respondent Debra J. Arnett, of Paola, an attorney admitted to the practice of law in the state of Kansas. The formal complaint filed against the respondent alleged violations of KRPC 1.3 (2001 Kan. Ct. R. Annot. 323) (diligence and promptness); KRPC 1.4 (2001 Kan. Ct. R. Annot. 334) (communication); KRPC 1...
Views: 0
The opinion of the court was delivered by Medical practitioner Dr. Timothy Bolz filed a breach of contract action, based on an insured’s assignment of her right to receive payment for medical services rendered under an automobile insurance policy. The insurer had claimed its contract prohibited its insured from assigning the claim. The district court granted summary judgment to the insurer. Dr. B...
Views: 0
274 Kan. 420 (2002) 52 P.3d 898 TIMOTHY BOLZ, D.C., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. No. 86,880. Supreme Court of Kansas. Opinion filed August 23, 2002. *421 Judy Pope Edwards, of Dickson & Pope, P.A., of Topeka, argued the cause, and James M. Crowl, of the same firm, was with her on the brief for appellant. William A. Larson, of Gehrt & Roberts, Cha...
Views: 0
Todd Howarth appeals the trial court’s denial of his motion for: (1) an order to enforce the settlement agreement; (2) an order to allow his attorneys, Ron D. Beal and Robert Wiechman, to intervene; and (3) a judgment declaring that Howarth and his attorneys possess no obligation of confidentiality under the terms of a settlemént agreement with Oklahoma City Professional Hockey, Inc. (OCPH) and it...
Views: 0
The State appeals the trial court’s suppression of evidence found in Robin Richmond’s purse following a car stop. We affirm. Richmond was charged with possession of cocaine with intent to sell, K.S.A. 2001 Supp. 65-4161(a). Richmond’s motion to suppress was based on her arguing officers searched her purse, where cocaine was found, without probable cause and without her consent. The parties agree o...
Views: 0
52 P.3d 920 (2002) 2002 MT 178 STOCKMAN BANK OF MONTANA, a Montana Banking Corporation, Plaintiff/Respondent, v. Rick POTTS, Defendant/Appellant. No. 01-380. Supreme Court of Montana. Submitted on Briefs November 29, 2001. Decided August 9, 2002. W. Scott Green, West, Patten, Bekkedahl & Green, P.L.L.C., Billings, Montana, For Appellant. Gerald B. Murphy, Doug James, Moulton, Bellingham, Long...
Views: 0
delivered the Opinion of the Court. ¶1 Fair Play Missoula, Inc. (“Fair Play”) initiated this action to enjoin the City of Missoula (“City”) and Play Ball Missoula, Inc. (“Play Ball”) from further development of a proposed civic baseball stadium due to the Citys alleged failure to comply with statutory requirements for planning, funding, and managing the facility. The Fourth Judicial Distri...
Views: 0
52 P.3d 934 (2002) In the Matter of the Parental Rights as to T.M.C., a Minor. Brian M., Appellant, v. The State of Nevada, Department of Human Resources, Welfare Division, Child Support Enforcement Program, Respondent. No. 38306. Supreme Court of Nevada. August 28, 2002. *935 Law Offices of Robert T. Knott Jr. and Vicki Carlton, Las Vegas, for Appellant. Frankie Sue Del Papa, Attorney General, a...
Views: 0
*565OPINION In this appeal, we consider whether the factors presented by appellant Brian M. provide clear and convincing evidence that termination of his own parental rights serves the best interests of his child. FACTS On December 10, 1985, T.M.C. was born to Leah G. and Brian. Leah testified that she and Brian were surprised to find out she had become pregnant because she previously had been t...
Views: 0
OPINION The constables of this state are elected by the voters of their townships and are peace officers in their respective townships. No *571statute prescribes qualifications for the constable’s office, but an administrative regulation, applicable to appointed peace officers, requires that a peace officer be at least twenty-one years of age at the time of his appointment. Earl Mitchell, the incu...
Views: 0
52 P.3d 942 (2002) 132 N.M. 570 2002-NMSC-022 STATE of New Mexico, Plaintiff Appellee, v. Ernest RICO, Defendant Appellant. State of New Mexico, Plaintiff Appellee, v. Albert Shelby, Defendant Appellant. Nos. 26,626, 27,050. Supreme Court of New Mexico. July 17, 2002. Phyllis H. Subin, Chief Public Defender, Cordelia A. Friedman, Assistant Appellate Defender, Santa Fe, NM, for Appellants. *943 Pa...
Views: 0
52 P.3d 948 (2002) 132 N.M. 576 2002-NMSC-024 STATE of New Mexico, Plaintiff-Appellee, v. Valentin REYES, Defendant-Appellant. No. 26,304. Supreme Court of New Mexico. July 24, 2002. *952 Law Office of Nancy L. Simmons, P.C., Nancy L. Simmons, Albuquerque, NM, for Appellant. Patricia A. Madrid, Attorney General, Elizabeth Blaisdell, Assistant Attorney General, Santa Fe, NM, for Appellee. OPINION...
Views: 0
52 P.3d 964 (2002) 132 N.M. 592 2002-NMSC-023 STATE of New Mexico, Plaintiff-Respondent, v. Rudolfo URIOSTE, Defendant-Petitioner. No. 26,287. Supreme Court of New Mexico. July 24, 2002. *966 Border Law Office, Dean E. Border, Tucumcari, NM, for Petitioner. Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Respondent. OPINION MAES, Justice. {1} De...
Views: 0
52 P.3d 964 (2002) 132 N.M. 592 2002-NMSC-023 STATE of New Mexico, Plaintiff-Respondent, v. Rudolfo URIOSTE, Defendant-Petitioner. No. 26,287. Supreme Court of New Mexico. July 24, 2002. *966 Border Law Office, Dean E. Border, Tucumcari, NM, for Petitioner. Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Respondent. OPINION MAES, Justice. {1} De...
Views: 0
OPINION {1} The formal opinion filed in this case on March 15, 2002, is hereby withdrawn and the following opinion is substituted. Defendant James Curry’s motion for rehearing is denied. Defendant appeals his convictions of embezzlement and fraud, and the denial of his motion for a new trial. We affirm. BACKGROUND {2} Defendant began practicing law in 1981. During the time material to this case, D...
Views: 0
52 P.3d 980 (2002) 132 N.M. 608 2002-NMCA-078 Juan SOUTER, Worker-Appellant, v. ANCAE HEATING AND AIR CONDITIONING, and Builder's Trust of New Mexico, Employer/Insurer-Appellees. No. 21,799. Court of Appeals of New Mexico. May 30, 2002. *981 Rod Dunn, Rio Rancho, NM, for Appellant. Paul Maestas, Silva, Rieder & Maestas, P.C., Albuquerque, NM, for Appellees. OPINION CASTILLO, Judge. {1} Juan ...
Views: 0
52 P.3d 987 (2002) 132 N.M. 615 2002-NMCA-091 STATE of New Mexico, Plaintiff-Appellee, v. Scott SOUTHWORTH, Defendant-Appellant. No. 21,957. Court of Appeals of New Mexico. June 28, 2002. Certiorari Denied August 12, 2002. *990 Patricia A. Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, NM, for Appellee. Phyllis H. Subin, Chief Public Defender, Sheila Lewis, Assista...
Views: 0
OPINION {1} This case presents a number of errors in the conduct of a juvenile proceeding. Garrison P. (Child) was tried for the offense of aggravated battery on Kathleen Thomas (Thomas). At the close of trial, the prosecution sought and obtained leave from the court to amend the delinquency petition to add a new charge in conformance with the evidence adduced in the adjudicatory hearing. We hold ...
Views: 0
I. Procedural History { 1 The Complainant Oklahoma Bar Association (OBA) brought disciplinary proceedings against Respondent Attorney, Craig R. Tweedy (Respondent), in two separate complaints alleging a collective total of seven counts of professional misconduct. The OBA moved to consolidate the two complaints, OBAD 1085, SCBD 83878 (Complaint I) and OBAD 1292, SCBD 4243 (Complaint ID). The Profes...
Views: 0
52 P.3d 1014 (2002) 2002 OK 60 Steve and Violet MYERS, individually and on behalf of the Estate of Lesa Myers, Respondents/Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, d/b/a Union Pacific Railroad Company, and/or Union Pacific Railroad Company and Jim Q. Collins, Petitioners/Appellees. No. 93,313. Supreme Court of Oklahoma. July 2, 2002. Roy Dickinson, Norman, OK, for Appellants. Tom L. Arms...
Views: 1
52 P.3d 1035 (2002) 2002 OK CIV APP 77 Ron CRAIN, Plaintiff/Appellant, v. NATIONAL AMERICAN INSURANCE COMPANY, an Oklahoma corporation, and Chandler (U.S.A.), Inc., an Oklahoma corporation, Defendants/Appellees. No. 96,370. Court of Civil Appeals of Oklahoma, Division No. 2. July 9, 2002. Jeff A. Lee, Lee & Freedman, P.C., Oklahoma City, OK, for Plaintiff/Appellant. Michael L. Darrah, Hilary ...
Views: 0
SUPPLEMENTAL OPINION ON REHEARING Opinion by T1 Rehearing was granted this same day by order to address the correctness of the trial court's award of attorney fees and costs to Appellee, Federated Rural Electric Insurance Co. (Federated), and the denial of prejudgment interest and to determine whether Federated is entitled to appellate attorney fees. j T2 On January 4, 2002, the trial court award...
Views: 0
52 P.3d 1045 (2002) 2002 OK CIV APP 80 Carroll YOUNG and Alvin Young, Individually and as Co-Administrators of the Estate of Ataienza Alvin Young, Deceased, Plaintiffs/Appellants, v. BOB HOWARD AUTOMOTIVE, INC., an Oklahoma corporation, d/b/a Bob Howard Mitsubishi, Defendant/Appellee. No. 95,849. Court of Civil Appeals of Oklahoma, Division No. 4. July 23, 2002. Roland V. Combs, III, Roland V. Co...
Views: 0
Opinion by {1 Defendant/Appellant, United States Beef Corporation (U.S.Beef), seeks review of the trial court's order granting summary judgment in favor of Plaintiff/Appellee, State of Oklahoma, acting by and through the Oklahoma Capitol Improvement Authority (State), in State's action for condemnation of property leased by U.S. Beef. We reverse and remand, holding U.S. Beef has standing to challe...
Views: 0
52 P.3d 1058 (2002) 183 Or.App. 311 Steven J. COLBY, Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent. 97C-11729; A100800. Court of Appeals of Oregon. Argued and Submitted June 26, 2002. Decided August 14, 2002. *1059 Eric M. Cumfer, Salem, argued the cause and filed the briefs for appellant. Rolf C. Moan, Assistant Attorney General, argued the cause for resp...
Views: 0
Wife appeals and husband cross-appeals after the trial court reopened the parties’ dissolution of marriage proceeding under ORS 107.452. Previously, the parties had filed a co-petition for the dissolution of their marriage, and a judgment on the co-petition had been entered. The initial judgment made no mention of the parties’ minor child born before their marriage, and did not make any dispositio...
Views: 0
This writ of review proceeding under ORS 34.010 et. seq. involves the City of Tigard’s assessment of costs for the construction of Dartmouth Street against landowners who will benefit from the construction. Two of the landowners, Gordon R. Martin, and Gordon S. Martin, Jr., challenged the assessment in a writ of review proceeding before the circuit court. The circuit court upheld the formation of ...
Views: 0
52 P.3d 1080 (2002) 183 Or.App. 448 WIARD MEMORIAL PARK DISTRICT, Respondent, v. WIARD COMMUNITY POOL, INC., an Oregon corporation, aka Harry Wiard Swimming Pool, Inc., an Oregon corporation, Appellant. 9802641CV; A109789. Court of Appeals of Oregon. Argued and Submitted February 2, 2002. Decided August 28, 2002. *1081 Joel S. DeVore argued the cause for appellant. With him on the briefs was Luva...
Views: 0
52 P.3d 1086 (2002) 183 Or.App. 392 STATE of Oregon, Respondent, v. Clyde STEPHENS, Appellant. 97-10-37847; A111244. Court of Appeals of Oregon. Argued and Submitted May 29, 2002. Decided August 28, 2002. Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services. David F. Cou...
Views: 2
Defendant appeals from a judgment granting petitioner post-conviction relief. Defendant argues that the post-conviction court’s conclusion that petitioner was 14 years old at the time of the underlying offense, and that the criminal trial court consequently lacked jurisdiction over petitioner, was error because petitioner was, legally, 15 years old at the time of the underlying offense. Defendant ...
Views: 0
Plaintiffs are five property owners in the River Road-Santa Clara area of Lane County, which is adjacent to defendant, the City of Eugene. Plaintiffs brought an action seeking a declaration that the city did not have authority to extend its sewer system into the River Road-Santa Clara area, to assess the costs of construction against their properties, or to compel them to connect to the sewer syst...
Views: 0
Reversed and remanded. State v. Riddell, 172 Or App 675, 21 P3d 128, rev den 332 Or 430 (2001)....
Views: 0
If a worker sustains a compensable injury and subsequently, as part of the claim closure and evaluation process, his physician orders an examination to determine the worker’s residual capacity, and, during that exam, the worker sustains a second injury, is the second injury itself compensable? In this case, the Workers’ Compensation Board (board) held that it was not, and claimant seeks judicial r...
Views: 0
Defendant was convicted of theft in the first degree, ORS 164.055, burglary in the second degree, ORS 164.215, and criminal mischief in the first degree, ORS 164.354. The trial court merged the theft and burglary convictions and sentenced defendant to a 13-month incarceration term under ORS 137.717 (1997). The trial court also imposed a 13-month incarceration term under ORS 137.717 (1997) on defen...
Views: 1
Plaintiff appeals from a judgment on a jury verdict for defendant in this medical negligence action. Plaintiff argues that the court erred in several respects relating to possible juror misconduct discovered by plaintiffs counsel when, at the conclusion of trial, a juror’s notebook was mistakenly delivered to counsel. Defendant responds that the evidence of possible juror misconduct was not strong...
Views: 0
Defendant was charged with possession of a firearm, ORS 166.270, possession of a controlled substance, ORS 475.992(4)(b), possession of a forged instrument, ORS 165.022, and two counts of theft, ORS 164.043. The state appeals from the trial court’s ruling excluding evidence discovered after defendant consented to a search of his father’s motor home. In reviewing the trial court’s ruling, we determ...
Views: 0
Conviction affirmed; remanded for resentencing. State v. Dikeman, 152 Or App 37, 952 P2d 564, rev den 327 Or 123 (1998)....
Views: 0
Plaintiff, an importer, appeals from a judgment dismissing its claims for damages against defendant, a customs broker and freight forwarder, for various commercial torts and granting defendant’s counterclaim for freight charges. We reverse the trial court’s award of costs and otherwise affirm. The governing agreement between the parties provided that, if defendant were successful in any litigation...
Views: 0
The Workers’ Compensation Board (board) awarded claimant temporary disability benefits and permanent partial disability benefits. Sisters of Providence, claimant’s employer, seeks judicial review. We affirm. The following facts, found by an administrative law judge (ALJ) and adopted by the board, are undisputed. Claimant worked for employer as a parking attendant and valet. Her duties included hel...
Views: 0
SAIF seeks review of a final order of the Department of Consumer and Business Services (DCBS) that ordered SAIF to pay for medical services provided by Jens Jensen, D.C. We review for errors of law, ORS 183.482(8)(a), and reverse. The facts are not disputed. Claimant, a commercial truck driver, suffered injuries to his neck and back as the result of a traffic accident in December 1997. He subseque...
Views: 0
Affirmed. SAIF v. Azorr, 182 Or App 90, 47 P3d 542 (2002)....
Views: 0
52 P.3d 1123 (2002) 183 Or.App. 520 In the Matter of Diana Roberts, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Diana ROBERTS, Appellant. 0105-66039; A114854. Court of Appeals of Oregon. Argued and Submitted July 16, 2002. Decided August 28, 2002. Laurie Bender, Portland, argued the cause and filed the brief for appellant. Kyle J. Martin, Assistant Attorney General, argue...
Views: 0
52 P.3d 1125 (2002) 183 Or.App. 513 In the Matter of Coenia Schaefer, Incapacitated Person. Roger SCHAEFER, Respondent, v. Coenia SCHAEFER, Appellant. 20534; A115334. Court of Appeals of Oregon. Argued and Submitted June 26, 2002. Decided August 28, 2002. *1126 Lynda Clark argued the cause for appellant. With her on the brief was Legal Aid Services of Oregon, Albany Regional Office. Roger Schaefe...
Views: 0
Petitioner filed a claim with the Construction Contractors Board (board) against B & G Excavation, Inc. (respondent). The board dismissed the claim, concluding that it had not been timely filed. In the alternative, the board concluded that petitioner had entered into a release that precluded the claim as a matter of law. We conclude that the board erred in dismissing the claim and therefore revers...
Views: 0
52 P.3d 1133 (2002) 2002 UT 53 BREIGGAR PROPERTIES, L.C., a Utah limited liability company, Plaintiff and Appellant, v. H.E. DAVIS & SONS, INC., a Utah corporation, and Sundance Development Corporation, a Utah corporation, Defendants and Appellee. No. 20000882. Supreme Court of Utah. June 7, 2002. *1134 John C. Rooker, Salt Lake City, for plaintiff. Stephen Quesenberry, Provo, David P. Willia...
Views: 0
52 P.3d 1137 (2002) 2002 UT 56 FIRST EQUITY FEDERAL, INC., on its own behalf and on behalf of Aspen Meadows Homeowners Assoc., Plaintiffs and Appellees, v. PHILLIPS DEVELOPMENT, LC, Peter O. Phillips, Lydia Phillips, Alden B. Turnbow, Larry Andrews, John E. Phillips and Gregory Skabelund, Defendants and Appellants. No. 20010417. Supreme Court of Utah. June 18, 2002. Rehearing Denied August 5, 200...
Views: 0
52 P.3d 1142 (2002) 2002 UT 59 PROGRESSIVE CASUALTY INS. CO., Plaintiff and Appellee, v. Kevin J. DALGLEISH, Rhett W. Davis, and Danielle Price, Defendants and Appellants. No. 20000715. Supreme Court of Utah. June 25, 2002. *1143 Theodore E. Kanell, Robert C. Olsen, Salt Lake City, for plaintiff. David N. Mortensen, Jeffery C. Peatross, Salt Lake City, for defendants. DURRANT, Associate Chief Jus...
Views: 0
52 P.3d 1148 (2002) 2002 UT 57 GRAND COUNTY, Plaintiff, Appellee, and Cross-Appellant, v. EMERY COUNTY and the City of Green River, Defendants, Appellants, and Cross-Appellees. No. 20010044. Supreme Court of Utah. June 25, 2002. *1150 W. Scott Barrett, Logan, for Grand County. David A. Blackwell, Castle Dale, for Emery County, Gerald H. Kinghorn, David J. Burns, Salt Lake City, for Green River. R...
Views: 0
52 P.3d 1158 (2002) 2002 UT 58 Jeroldene BAILEY, Plaintiff and Respondent, v. Randee BAYLES, Defendant and Petitioner. No. 20010304. Supreme Court of Utah. June 25, 2002. *1159 Rosalie Reilly, Monticello, for plaintiff. Matthew Hilton, Springville, for defendant. On Certiorari to the Utah Court of Appeals RUSSON, Justice: ¶ 1 On writ of certiorari, defendant Randee Bayles ("Bayles") seeks revers...
Views: 0
52 P.3d 1168 (2002) 2002 UT 61 Larry JULIAN, Plaintiff, Appellee, and Cross-Appellant, v. STATE of Utah, Defendant, Appellant, and Cross-Appellee. No. 20000601. Supreme Court of Utah. July 2, 2002. *1169 J. Thomas Bowen, Jennifer Gowans, Midvale, for plaintiff. Mark L. Shurtleff, Att'y Gen., Erin Riley, Asst. Att'y Gen., Salt Lake City, for defendant. HOWE, Justice: INTRODUCTION ¶ 1 The State ap...
Views: 2
52 P.3d 1174 (2002) 2002 UT 60 DAVIS COUNTY SOLID WASTE MANAGEMENT and Energy Recovery Special Service District, Plaintiff and Appellee, v. CITY OF BOUNTIFUL, Defendant and Appellant. No. 20010318. Supreme Court of Utah. July 2, 2002. Russell L. Mahan, John C. Ynchausti, Bountiful, for defendant. *1175 Larry S. Jenkins, Sheri A. Mower, Salt Lake City, for plaintiff. WILKINS, Justice: ¶ 1 This app...
Views: 0
52 P.3d 1179 (2002) 2002 UT 62 Mark BAKOWSKI, Plaintiff, v. MOUNTAIN STATES STEEL, INC., Defendant, Third-Party Plaintiff, Appellant, and Cross-Appellee, v. Voest-Alpine Services & Technologies Corp., Third-Party Defendant, Appellee, and Cross-Appellant. No. 20000608. Supreme Court of Utah. July 9, 2002. *1181 Mark Bakowski, pro se. Donald L. Dalton, Salt Lake City, for Mountain States. Terry...
Views: 0
52 P.3d 1190 (2002) 2002 UT 65 Kenneth Alan BANKS, Susan Banks Baker, and Bransford Michael Banks, and John Does 1 through 50, Plaintiffs, Counterclaim Defendants, and Appellees, v. Nancy A. MEANS and John Does I through V, Defendants, Counterclaim Plaintiffs, and Appellant. No. 20001071. Supreme Court of Utah. July 19, 2002. James H. Faust, Salt Lake City, for plaintiffs. J. Jay Bullock, Clinton...
Views: 0
52 P.3d 1194 (2002) 2002 UT 67 STATE of Utah, Plaintiff and Appellee, v. Andrew G. FEDOROWICZ, Defendant and Appellant. No. 990807. Supreme Court of Utah. July 19, 2002. *1198 Mark L. Shurtleff, Att'y Gen., Karen A. Klucznik, Asst. Att'y Gen., Salt Lake City, for plaintiff. D. Gilbert Athay, Michael R. Sikora, Salt Lake City, for defendant. RUSSON, Justice: ¶ 1 Defendant Andrew Fedorowicz ("Fedor...
Views: 0
52 P.3d 1210 (2002) 2002 UT 66 STATE of Utah, Plaintiff and Appellee, v. Ferosa BLUFF, Defendant and Appellant. No. 990808. Supreme Court of Utah. July 19, 2002. *1215 Mark L. Shurtleff, Att'y Gen., Karen Klucznik, Asst. Att'y Gen., Salt Lake City, for plaintiff. Edward K. Brass, Salt Lake City, for defendant. INTRODUCTION DURHAM, Chief Justice: ¶ 1 Ferosa Bluff ("Bluff") appeals her conviction ...
Views: 0
52 P.3d 1230 (2002) 2002 UT 64 Eric T. YOUNG, a minor, by and through Priscilla Young, his general guardian and guardian-ad-litem, and Priscilla Young, individually, Plaintiff and Appellant, v. SALT LAKE CITY SCHOOL DISTRICT and John Does 1-20, Defendants and Appellees. No. 20001144. Supreme Court of Utah. July 19, 2002. *1231 Robert B. Sykes, Salt Lake City, for plaintiffs. Mark L. Shurtleff, At...
Views: 1
T1 Salt Lake County ("County") appeals the district court's grant of summary judgment in favor of Brent D. Young ("Young") requiring the County to disclose disciplinary records and investigative files. We affirm in part and reverse in part. BACKGROUND 12 Young was employed by the Salt Lake County Sheriffs Department ("Sheriffs Department") as a deputy sheriff, Young's employment was terminated on ...
Views: 0
52 P.3d 1246 (2002) 2002 UT 71 In re Kathleen G. ARNOVICK, Valerie L. Cox, and Henry B. Wansker, Petitioners. No. 20010136. Supreme Court of Utah. July 26, 2002. *1247 Carolyn Montgomery, Salt Lake City, for petitioners. Katherine A. Fox, Joni Dickson Seko, Salt Lake City, for respondent Utah State Bar. INTRODUCTION HOWE, Justice: ¶ 1 Petitioners Kathleen G. Arnovick, Valerie L. Cox, and Henry B...
Views: 0
52 P.3d 1252 (2002) 2002 UT 74 Namvar TAGHIPOUR, Danesh Rahemi, M.D., and Jerez, Taghipour and Associates LLC, a Utah limited liability company, Plaintiffs and Petitioners, v. Edgar C. JEREZ, Mt. Olympus Financial, L.C., a Utah limited liability company, and Dean Becker, Defendants and Respondents. No. 20010450. Supreme Court of Utah. July 30, 2002. *1253 Bruce R. Baird, Salt Lake City, for plain...
Views: 0
52 P.3d 1257 (2002) 2002 UT 75 STATE of Utah, Department of Natural Resources, Division of Wildlife Resources, Plaintiff and Appellant, v. HUNTINGTON-CLEVELAND IRRIGATION CO., Defendant and Appellee. No. 20000413. Supreme Court of Utah. July 30, 2002. Rehearing Denied July 30, 2002. *1259 Mark L. Shurtleff, Att'y Gen., Michael M. Quealy, Norman K. Johnson, Martin B. Bushman, Asst. Att'ys Gen., Sa...
Views: 1
{1 The Utah Department of Wildlife Resources ("DWR"), a shareholder in the Huntington-Cleveland Irrigation Company ("HCIC"), filed a complaint to challenge unequal share assessments levied by HCIC and the reduction of DWR's voting rights. The trial court dismissed the complaint, finding that the statute of limitations precluded the claims asserted therein. We reverse and remand. BACKGROUND 12 When...
Views: 0
{1 Plaintiff Checkrite Recovery Services appeals from a default judgment that it was awarded against defendant Deborah M. King for $245.04 representing the principal amount of nine checks which she wrote to different payees, but which checks were dishonored upon presentment. The judgment also included $735.12 in damages, $76 in costs of court, and $150 in reasonable attorney fees. The trial court,...
Views: 0
52 P.3d 1267 (2002) 2002 UT 77 John COLLINS and June Collins, Plaintiffs and Petitioners, v. SANDY CITY BOARD OF ADJUSTMENT and Sandy City Corporation, a municipal corporation, Defendants and Respondents. No. 20010144. Supreme Court of Utah. August 2, 2002. *1268 Franklin Slaugh, Sandy, for petitioners. Steven C. Osborn, Sandy, for respondents. On Certiorari to the Utah Court of Appeals DURRANT,...
Views: 0
T1 This action was brought by Enereo, Inc. (Enerco), against Freeport Center Associates (Freeport) to recover damages for property stolen from Enerco while it was leasing building space from Freeport. On a motion for summary judgment, the trial court held Freeport not liable for the losses. We affirm. BACKGROUND T2 Enerco is a Delaware corporation in the business of buying large surplus lots of eq...
Views: 0
52 P.3d 1276 (2002) 2002 UT 80 STATE of Utah, Plaintiff and Respondent, v. Michael Trevor MARTINEZ, Defendant and Petitioner. No. 20010023. Supreme Court of Utah. August 9, 2002. *1277 Mark L. Shurtleff, Att'y Gen., Joanne C. Slotnik, Asst. Att'y Gen., Salt Lake City, for plaintiff. Joan C. Watt, Lynn R. Brown, Stephen W. Howard, Salt Lake City, for defendant. On Certiorari to the Utah Court of ...
Views: 1
52 P.3d 1282 (2002) 2002 UT 85 MATRIX FUNDING CORPORATION, The CIT Group/Equipment Financing, Inc., and ZCMI, Petitioners, v. UTAH STATE TAX COMMISSION, Respondent. No. 20000885. Supreme Court of Utah. August 16, 2002. Rehearing Denied August 14, 2002. Mark K. Buchi, Steven P. Young, Salt Lake City, for petitioners. Mark Shurtleff, Att'y Gen., Mark E. Wainwright, Asst. Att'y Gen., Salt Lake City,...
Views: 0
Space
Issues Laws Cases Pro News Firms Entities
Issues Laws Cases Pro News Firms Entities
 

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

About   Privacy   Security   Contact Us

No AI
This website does not use generative AI for text responses.

PlainSite
Sign Up
Need Password Help?