Defendant convicted of conspiracy and fraud sought stay of sentence pending appeal. Court upheld denial of stay where evidence was lawfully obtained and defendant failed to show reasonable possibility of successful appeal.
Affidavit based on information and belief sufficient to satisfy dram shop statute; need not be based on personal knowledge or meet summary judgment standard.
Tenant may assert security deposit law violation as defense to eviction, potentially retaining possession by offsetting damages or paying balance due within one week.
Pension forfeiture upon final conviction requires sentencing, not completion of appeals. Member entitled to return of withheld employee contributions plus interest.
Breach of implied covenant of good faith and fair dealing in stock purchase agreement where investor refused to discuss sale despite repeated requests and collected dividends indefinitely.
Murder conviction reversed due to erroneous jury instructions on excessive force in defense of another; firearms convictions affirmed.
Strip search of defendant's genital area during traffic stop lacked probable cause and was unreasonable; conviction reversed and suppressed.
Partition of Native American common lands did not create implied easements by necessity. Tribal custom provided free passage, commissioners expressly reserved other rights in some deeds, and poor land quality suggested no access was intended.
Fair housing disparate impact claim survives motion to dismiss in principle, but fails on pleadings when owner's compliance with Section 8 regulations actually increased subsidy eligibility.
Affirmed murder conviction where DNA evidence from victim's blood on defendant's shoes was independently discoverable despite arguably unlawful initial observation at treatment facility.
