WILBUR , Retired Justice . [ 1.] Beau Dean Foote Sr. was convicted of resisting arrest; he does not dispute this conviction. He was also convicted of two counts of aggravated assault against a law enforcement officer. For these convictions, he claims the evidence was insufficient because, in his view, a Taser is not a dangerous weapon and he did not attempt to use the Taser to cause serious bodily harm to either officer. We affirm. Background [ 2.] Parole Agent Mike Stolley and Stanley...
KONENKAMP , Retired Justice . [ 1.] A jury found Nathan Scott guilty of aggravated assault of his wife and his wife's sister. On appeal, he contends: (1) the circuit court erroneously admitted a police officer's opinion on the nature of his wife's wounds, (2) the evidence was insufficient, so his judgment of acquittal motions should have been granted, and (3) the court's judgment of conviction violated his rights because it included a notation that the aggravated assault of his wife...
PER CURIAM . [ 1.] William Maher brought suit against the City of Box Elder (the City), arguing it negligently operated its water system and caused his waterlines to break. The City moved for summary judgment, asserting the public duty rule precluded imposition of a duty to Maher absent proof the City assumed a special duty. The circuit court granted summary judgment. We reverse. Facts and Procedural History [ 2.] William Maher owns a mobile home park in Box Elder and receives water from...
KERN , Justice . [ 1.] Shaylan Yeager pled guilty to second-degree rape pursuant to a plea agreement. The circuit court sentenced him to forty years in the state penitentiary, with five years suspended, to run consecutive to the prison term Yeager is currently serving in Iowa for offenses involving the same victim. Yeager appeals, alleging the sentence was cruel and unusual in violation of the Eighth Amendment and an abuse of discretion. We affirm. Facts and Procedural History [ 2.] In...
GILBERTSON , Chief Justice . [ 1.] Charlotte Andersen sued for divorce from her husband, Arthur Andersen. At a scheduled bench trial, the parties informed the circuit court that all issues associated with the divorce, including property division, had been stipulated to. The parties read the stipulation into the record and the court orally bound the parties to the stipulation. Most notably, the parties agreed that the judgment and decree of divorce would be entered nunc pro tunc, or that...
