State v Ruiz

Ruiz appealed the restitution order in his case and the denial of his motion to disqualify the sentencing judge for bias. The panel, with one judge dissenting in part, affirmed. The majority held that the sentencing court’s analysis on remand supported its reduced award for the whole 9 months inpatient stay for eth victim as the inpatient stay was necessitated by Ruiz’s abuse which triggered preexisting conditions all of which needed to be addressed and the reduction for the portion of therapy which dealt with issues unrelated to the abuse was not an abuse of direction. The panel affirmed on the disqualification holding that the sentencing court’s commentary on the disqualification motion was inappropriate, it was also harmless as granting the motion would not have resulted in the restitution order being vacated or any other relief for that matter and the grounds argued by Ruiz were not grounds to find bias. The dissent argued that the reduced award were error as all of the therapy was necessitated by abuse and mental illness concerns are often best treated together.

State v Pacheo

Pacheo appealed the termination of his probation. The panel affirmed holding the district court made sure Pacheo knew of his right to a hearing on probation revocation which is all it was legally required to do.

PacifiCorp v Cardon

Cardon appealed the order to allow PacifiCorp to sue a road over his property. The panel affirmed holding that allowing access over the road was required by a 2011 default judgment and thus the order to allow access was proper. It also held no evidentiary hearing was required as the use of the road had been authoritatively decided by the default judgment.