After adjudicating the juvenile defendant delinquent for simple misdemeanor possession of marijuana,....
Read More »Tort/Negligence – Auto Collision – Contributory Negligence – Last Clear Chance
Defendant’s vehicle collided with the rear of plaintiff’s vehicle on the interstate. Although de....
Read More »Real Property – Expired Covenants – Implied Contract – Attorney’s Fees
Even after the covenants establishing the plaintiff-homeowners’ association had expired (and this ....
Read More »Criminal Practice – Appeals – No Contest Plea – Petition for Certiorari – Anders Brief
Defendant’s pro se written notice of appeal was not timely filed, does not designate the court to ....
Read More »Tort/Negligence – Interference with Contract – Choice of Law – Covenant Not to Compete – Consideration
Plaintiff alleges that defendant – plaintiff’s competitor – induced plaintiff’s former emplo....
Read More »Criminal Practice – Confession – No Miranda Warnings – Not ‘in Custody’
When a police officer found defendant trespassing in a public park after hours, defendant was not fr....
Read More »Criminal Practice – Prisons & Jails – Compassionate Release Request – COVID-19 Consideration
It is unclear whether, in denying a request for compassionate release from defendant – a 67-year-o....
Read More »Constitutional – Breach of Contract – Statutory Immunity – COVID-19 Response – University Distance Learning
The plaintiff-students have stated claims for breach of contract, based on the defendant-university ....
Read More »Civil Practice – Appeals – Interlocutory – Third-Party Claims
The trial court ruled that defendants’ third-party claims constituted third-party practice and dis....
Read More »Criminal Practice – Search & Seizure – License Plate Check – First Impression – Medical Cancellation – Misdemeanor
In line with hints in previous opinions and with federal appellate decisions, we hold that there is ....
Read More »Criminal Practice – Indecent Liberties – Opening Statement – Incorrect Evidentiary Forecast – Victim’s Consistency
In her opening statement, the prosecutor said the jury would hear defendant’s roommate testify tha....
Read More »Criminal Practice – Expert Testimony – Fingerprint & DNA Evidence – Offense Class
In this breaking and entering case, both blood and fingerprints were found at the scene. Where the s....
Read More »Criminal Practice – Murder & Attempted Murder – Indictment Allegations – Transferred Intent – Prior Bad Acts
Even though the allegations in the indictments for attempted first-degree murder failed to include t....
Read More »Criminal Practice – Marijuana Possession – Text Messages – Maintaining a Dwelling
Even though the state did not test the vegetable material found at defendant’s residence, and even....
Read More »Criminal Practice – Search & Seizure – Traffic Stop – DWI – Marijuana Discovery
Where (1) Officer Crowe received information from dispatch that was provided by an anonymous caller ....
Read More »Criminal Practice – Statutory Sex Offense & Indecent Liberties – Offense Dates
Where the victim alleged that defendant – her mother’s live-in boyfriend – sexually abused her....
Read More »Criminal Practice – Murder – Confession – Other Overwhelming Evidence
Even if the trial court erred in denying defendant’s motion to suppress his confession because his....
Read More »Criminal Practice – Witness Intimidation – Veiled Threat – Handwriting Authentication
In the letter he wrote to a home-invasion victim, defendant did not explicitly threaten to inflict b....
Read More »Criminal Practice – Jury & Jurors – Instructions & Verdict Sheet – Re-Instruction
Initially, the trial court instructed the jury on assault with a deadly weapon with intent to kill i....
Read More »Criminal Practice – Sexual Abuse – Force – Parental Authority – Coercion
The state’s evidence showed that defendant began abusing his daughter, “Kate,” when she was yo....
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