July 22, 2006
Quick wrapup of some of the week's highlights:
Supreme Court reverses 8th District, holds that conviction as aider and abettor proper even where principal offender not identified... 3rd District holds that even though identification procedure unduly suggestive, witness could still make in-court ID... 12th District rules guilty plea in rape case waives claims that witnesses were incompetent, also waives claim of counsel's ineffectiveness unless defendant can show she would not have entered guilty plea but for counsel's errors... 8th District holds that passing bad checks and theft aren't allied offenses...
1st District reverses jury verdict awarding no damages for future pain and suffering where uncontested that plaintiff would have pain in future... 6th District affirms summary judgment in slip and fall on ice by postman delivering mail to defendant's home; plaintiff claimed that defendant had slipped on same spot two hours earlier, so had "superior knowledge" of danger and thus a duty to warn, court wasn't buying... 9th District says trial court can conduct de novo review of magistrate's decision, overrule decision on an issue even if not requested by objecting party... 5th District rejects lawyer's appeal from judgment of $6040 for DWI, lawyer had already been paid $6800, sought additional $14,000 (where do I get clients like that?)...
And if you've got time on your hands and want to sue a telemarketer, this case will tell you all you need to know about the Federal and state law on it. On the other hand, if you get an unsolicited fax and are just itching to get even with the sender, this is where you want to look.
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