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Subcontractor Indemnity Clause

Where the indemnity clause in a builder’s contracts with a subcontractor provides that the subcontractor shall defend and indemnify the builder against any claims “arising out of or in any way relating to the work services or activities of [the ...

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Impermissible Recommendation

Where defendant pleaded guilty and the state agreed to recommend probation; the court agreed to the recommendation if the guidelines called for a probation term but stated that defendant would otherwise receive the guidelines sentence; before being sentenced, defendant knew ...

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Property Division

Where, in dividing marital property, the District Court determined that husband should pay to wife $56,250 and wife should pay to husband $22,000; husband persuasively argues that because wife’s debt is unsecured and wife has little means by which to ...

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Involuntary Consent

Where seven uniformed officers arrived at a scene in response to reports concerning the conduct of defendant’s companion, who was removed from the scene; officers took defendant and another man who was with him in separate squad cars to their ...

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Abstinence Restriction

Where police found appellant soaking in his own vomit and slumped over the wheel of his pickup truck parked on a street outside two bars at closing time; the officers smelled alcoholic beverages when they opened the truck door; and ...

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Breath Test

Where the record supports the District Court’s findings that the officer thought the driver was attempting to cover up an odor of alcohol by smoking, the officer noticed beer cans in the back of the vehicle, the driver’s eyes were ...

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Downward Dispositional Departure

Where defendant received a downward dispositional departure following her 2004 conviction; on appeal, this court reversed the sentence and remanded; while the first appeal was pending, defendant violated the terms of probation, but, following a probation-violation hearing, largely completed the ...

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Duty to Defend

Where a class action was brought against the insured, a manufacturer of glucose monitors, alleging that monitors were defective and seeking recovery for the cost of the monitors and supplies; and the class action lawsuit specifically disclaimed any personal injury ...

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Major Economic Offense

Where defendant was convicted of receiving profits from prostitution; defendant admitted to taking the earnings of 13 women; the offense occurred over a seven-month period; and defendant used direct “employees” and “contractors,” used multiple business phones and a phone chain ...

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