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Publication Date: 2020-04-20
Practice Area: Insurance Law
Industry: Education | Hospitality and Lodging | Insurance
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0411
Summary judgment granted to insurer in coverage declaratory judgment action where insured's employees' criminal conduct fell within scope of policy's criminal acts and personal profit exclusions. Order of the trial court affirmed.
Publication Date: 2020-04-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0414
Trial court properly ruled on admissibility of testimony where cross-examination defendant sought was not relevant to the issues at trial, constituted character assassination of the victim and other complaining witnesses, and was otherwise barred from admission under the Rape Shield Law. Judgment of sentence affirmed.
Publication Date: 2020-04-06
Practice Area: Discovery
Industry: Health Care
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0372
Trial court correctly found that appellee's requests for admission as to defendant addiction treatment facility's knowledge of other patient's sex offender status was not privileged and did not require the disclosure of confidential health records because sex offender status was not the type of information protected by the mental health procedures act, did not require exposure of confidential communications in other patient's treatment record and sex offender status was publicly available information. Affirmed.
Publication Date: 2020-04-06
Practice Area: Personal Injury
Industry: Health Care | Retail
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0366
Store employees' report to police leading to plaintiff's commitment was absolutely privileged and could not serve as basis of defamation claim where policy preferences outweighed plaintiff's right to seek redress for the statements. Judgment on the pleadings affirmed.
Publication Date: 2020-02-24
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0186
The record established that defendant's appeal waiver was effective where he was aware of all of his rights incident to an appeal but chose to waive them in favor of a sentence that was lower than the prosecution's initial pretrial offer and he acknowledged as much in a statement made in open court. The superior court affirmed defendant's judgment of sentence.
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Publication Date: 2020-02-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0188
The trial court did not err in denying defendant's motion to suppress the results of a blood alcohol test where the record supported the conclusion that defendant gave voluntary consent to the request for a blood draw, even though she had just been administered pain medication. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-02-24
Practice Area: Criminal Law | Privacy
Industry: Education | Technology Media and Telecom
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0189
The trial court did not err in denying defendant's motion to suppress cell site collection data offered at his trial where he stood accused of robbery on the campus of the college he attended since defendant agreed to surrender some privacy rights to have his cell phone access the college's Wi-Fi network in exchange for use of the network. The superior court affirmed.
Publication Date: 2020-02-17
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0156
Trial counsel was not ineffective for failing to call witnesses to testify about defendant's non-smoking habits in the face of evidence that the perpetrator smoked at the scene where defendant failed to identify a specific witness trial counsel should have called and any additional testimony on the subject would have been cumulative of other evidence. The superior court affirmed.
Publication Date: 2020-01-27
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 20-0066
The trial court did not err in refusing to give defendant credit for time served pertaining to an earlier vacated sentence as the state constitution neither permits nor requires the establishment of "penal checking accounts" whereby time served on unrelated charges later declared invalid may be applied toward a future sentence. The appellate court affirmed.
Publication Date: 2020-01-20
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0044
Trial court correctly denied motion for new trial where jury's verdict was supported by weight of the evidence where parties' experts contradicted one another on the factual cause of decedent's fatal colon perforation. Judgment affirmed.
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