Civil Rights – Race Discrimination Claim – Municipal – Construction Contract – Past Work

Civil Rights – Race Discrimination Claim – Municipal – Construction Contract – Past Work (access required)

Lanier Construction Co. v. City of Clinton Although plaintiff, a minority-owned contractor, was the low bidder for a city construction project, the city manager questioned previous clients of both plaintiff and the second-lowest bidder, Paul Howard Construction Co. a non-minority-owned contractor.

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Tort/Negligence – STCA – Real Property – Environmental – Administrative – Septic System – ‘Perk’ Test – Expert Testimony – Common Knowledge (access required)

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Criminal Practice – Right to Remain Silent – State’s Evidence – Right to Plead Not Guilty (access required)

State v. Bean Although the state elicited evidence that defendant exercised her right to remain silent, given the other evidence of defendant’s guilt – her own admissions to a nurse, “I killed my husband just because I finally had enough of him” and “I’m guilty” and the victim’s fear that defendant would kill him – the prosecutor’s comments and questions regarding whether defendant mentioned self-defense prior to trial had little bearing on the jury finding defendant guilty.

Criminal Practice – Attempted Larceny – Completed Offense – Jury Instructions – Injury to Personal Property (access required)

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