Civil Procedure | Win-Win Investments filed suit against the Dutsons for improper termination of a lease, with the Dutsons counterclaiming that Win-Win breached the agreement by failing to maintain the premises. The district court dismissed Win-Win’s claim.
Criminal Law | Defendant was convicted of sexual exploitation of a minor for knowingly possessing child pornography files, which were discovered on a shared, unprotected computer. On appeal, Defendant arguments included that his trial counsel was constitutionally ineffective for failing to argue that there was insufficient evidence that he possessed
Torts (Medical Malpractice); Arbitration | Plaintiff filed a lawsuit against Defendants (a medical facility and doctors) for their alleged negligence in failing to properly diagnose and treat her. Nearly six months later, Plaintiff moved to compel arbitration pursuant to the arbitration agreement between the parties.
Criminal Law; Constitutional Law (Fifth Amendment) | Defendant appealed various convictions based on the allegations of Ex-Girlfriend, arguing, among other things, that his Fifth Amendment rights had been violated by the State and its witness’s commentary on Defendant’s refusal to provide police with his cell phone passcode.
Property Law | Owners in a subdivision disputed regarding the size of a Special Use Area easement burdening one of the lots. The district court granted summary judgment in favor of Defendants, ruling that the amended CC&Rs governing the subdivision were unambiguous and described a Special Use Area much smaller
Criminal Law | Martinez appeals his jury convictions on one count of rape and three counts of sodomy on a child. He raises issues surrounding a deadlock instruction, admission of a CJC interview, and counsel’s failure to object to evidence that he had shown pornography to the child.
Property | Walker subdivided his lot into two smaller lots, relying on the 1978 amendment to the original restrictive covenants (CC&Rs) governing lot division in his community. Some of his neighbors opposed the division, citing the original 1940 CC&Rs as well as a document with eleven signatures stating that it