156 results for 'filedAt:"2023-06-14"'.
J. Hagedorn finds defendant is entitled to sentence credit for 433 days he spent in a county jail on charges related to stealing three trucks in the span of two hours and leading a police chase into a neighboring county, where he faced similar charges in a separate case that was ultimately consolidated with his other case while he was in jail. Under Wisconsin Supreme Court precedent, defendant is entitled to sentence credit for all of five charges that were dismissed and read in when he pleaded no contest to three other charges, including a charge from the neighboring county for which he was technically freed on a signature bond even though he remained jailed in the other county on a $10,000 cash bond that he did not pay. When defendant violated probation terms of his original withheld five-year sentence and was sentenced to 18 months of confinement, the circuit court properly awarded him 433 days' sentence credit for all three dismissed and read-in charges stemming from both counties, and the court of appeals incorrectly overturned the circuit court upon appeal. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 14, 2023, Case #: 2021AP000462-CR, Categories: Sentencing, Theft, Vehicle
J. Doyle finds that the trial court properly convicted defendant of rape and aggravated assault and correctly ruled that defendant's prior convictions were admissible as evidence for impeachment purposes. The prior convictions for aggravated assault as a lesser included offense of rape, false imprisonment, battery and hindering a person making an emergency phone call had occurred more than 10 years before but had high probative value because defendant's credibility was central to the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 14, 2023, Case #: A23A0132, Categories: Evidence, Sex Offender, Assault
J. Myren finds that the circuit court improperly granted summary judgment in a matter involving beneficiary, guardianship and conservatorship status concerning an estate. After the individual died, the circuit court approved a final accounting and terminated a guardianship. The appeals to that termination were dismissed as moot. The court held that the removal of the beneficiaries was entered without notice to the beneficiaries and without a proper hearing. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: June 14, 2023, Case #: 2023SD26, Categories: Property, Wills / Probate, Guardianship
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J. Hallman awards the insureds $142,600 in attorney fees for their lawsuit alleging that the insurance company was obligated to pay the insureds $275,000 in structural benefits, $220,000 in personal property benefits and $50,000 in temporary living benefits after a fire damaged their homes. Although seven hours of an attorney's travel are omitted because his full rate of traveling a good portion of the state would be excessive, there is no evidence to suggest that the hours were otherwise duplicated or excessive. The attorneys' hourly rates are fair because they are in between the mean and 95th percentile for counsel of their qualifications.
Court: USDC Oregon, Judge: Hallman, Filed On: June 14, 2023, Case #: 2:22cv119, NOS: Insurance - Contract, Categories: Insurance, Property, Attorney Fees