State v Beckering

Beckering appealed his conviction for aggravate abuse of a vulnerable adult arguing ineffective assistance of counsel and prosecutorial misconduct. The panel affirmed. It held there was no ineffective assistance of counsel as there is no right to have all factual determinations set out separately in a jury instruction, the instructions here accurately explained the law to the jury, accomplice liability can be imposed for reckless conduct and there was no basis to believe the outcome would have been different if all the factual determinations would have been set out as Beckering argues should have happened. The panel held there was no reversible error relating to prosecutorial misconduct as Beckering’s counsel was not ineffective allowing the detective to testify about his frustrations with Beckering and characterizing victim’s abuse as torture given that the evidence allowed Beckering’s version of events to be placed before the jury without subjecting Beckering to cross examination and the evidence was sued at closing argument to bolster the defense theory of lack of knowledge of the abuse.

Settlers Landing, LLC v West Haven Special Service Distract

Settlers sued District arguing its method of charging for water and sewer service on a per residence basis instead of an actual use basis was arbitrary and capricious. The district court dismissed their complaint and the panel affirmed. It held the structure was reasonable as district cannot measure actual use of the sewer system and substituting a flat fee is acceptable as it complies with state regulations on creating and running water and sewer systems.

State v Maez

Maze appealed his sentence arguing he should have received probation instead of prison. The panel affirmed holding the sentence was reasonable given Maez’s long criminal history and five failed attempts at probation or parole.

State v Villeda

The panel dismissed Villeda’s appeal of the denial of motion to appeal the reviocation and reinstatmetn of probation as frivolous.