State v Jimenez-Wiss

Jimenez-Wiss appealed her felony DUI conviction arguing one of the two prior convictions relied upon to enhance her third conviction was done in violation of her right to counsel. The panel agreed and reversed. It held that the district court properly placed the ultimate burden on State to prove Jimenez-Wiss waived her right to counsel. However, the panel held the only piece of evidence submitted, the plea document, was ambiguous as t whether the right to counsel was waived particularly since Jimenez-Wiss had three opportunities to state she waived counsel and took none of them. As ambiguity requires a finding of no waiver, the second conviction should not have been considered and eth conviction must be reversed. The case was remanded for further proceedings.

Cosgrove v Stan Checkett’s Properties, LLC

Cosgrove sued Properties for injuries forma slip and fall. The district court granted summary judgment to Properties ruling there was no duty as Cosgrove’s employer leased the parking lot where she fell. The panela affirmed holding Cosgrove waived review of the duty issue by failing to adequately brief it and seasonal snow and ice is a temporary condition and thus not eh landlord’s’ obligation to clear off.

Snyder v State

Snyder appealed summary judgment to the state on his post-conviction relief petition. The panel affirmed holding that three of his issues were waived through his guilty plea, withdrawal of a direct appeal or waiver of his motion to withdraw plea. It held his one preserved issue of ineffective assistance of counsel was without merit as the recommendation to plead guilty was sound given the many counts of child pornography Snyder faced and the very clear evidence of guilt possessed by the State.

In the Interests of E.P.E. (T.E. v State)

T.E. appealed eth termination of his parental rights. The panel affirmed as T.E. was aware E.P.E. had been badly bruised and injured by a belt and waited six weeks to seek treatment which was sufficient to show medical neglect.

In the Interests of A.K. (T.K. v State)

T.K. appealed the denial of reunification services and termination of her parental rights. The panel affirmed. It held denial of service was proper as T.K. had previously had her rights terminated as to another child and continued to use drugs. Termination was affirmed given T.K.’s violence towards family members, drug use and the need for stability in A.K.’s life. The panel finally held allowing A.K.’s foster mother to testify was proper as A.K.’s integration into the foster family had to be considered and the juvenile court judges have the training and experience to recognize bias and account for it in their decision-making.

Shiozawa v Duke

Shiozawa sued Duke for fraud and breach of contract alleging the plumbing and foundation of the house duke sold were defective. The district court granted summary judgment to Duke. The panel affirmed min part, reversed in part and remanded for further proceedings. It held there was a genuine issue of material fact as to when the statute of limitations started running on the fraud claim given the inspection which did not uncover damage to the foundation and the picture of the significant crack in the foundation taken within the limitations period. The panel affirmed on the contract claim noting Shiozawa failed to provide any facts that Duke knew the plumbing or foundation had problems.

Outsource Receivable Management, Inc. v Bishop

Outsource sued Bishop for fees owed to an anesthesiologist for services during surgery. The district court entered judgment for Outsource after a bench trial and awarded attorney fees for bad faith defense that the hospital owed the fees. The panel affirmed holding there was a contract in fact as the anesthesiologist was necessary for the surgery, expected to be paid and Bishop knew this and the defense was in bad faith as Bishop had already used the same practice for services in a previous surgery, been sued for fees and had a judgment entered against them and thus knew the fees were separate from the hospital bill.