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no prejudice

Jul 11, 2012

Arbitration – Litigation Activity – No Prejudice – Litigation Expenses & Strategy – Employee Benefit Plans

Wheeling Hospital Inc. v. The Health Plan of the Upper Ohio Valley Inc. In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive mot[...]

Apr 17, 2012

Criminal Practice – Plain Error Standard – Jury Instructions – Armed Robbery & Conspiracy to Commit Armed Robbery – No Prejudice

State v. Lawrence When the trial judge instructed the jury on the charge of conspiracy to commit armed robbery, he erroneously omitted the element that the weapon must have been used to endanger or threaten the life of the victim. However, the judge had already correctly instructed the jury on the charge of armed robbery.

Mar 21, 2012

Criminal Practice – Discovery – Expert Testimony – Translation – Admissible – No Prejudice – Jury Instruction – Knowledge

State v. Aguilar-Ocampo During discovery, the state produced a transcript of an audio-video recording of the drug deal at issue; however, shortly before trial, the state realized that the translator was not certified by the Administrative Office of the Courts. The state had the recording translated by an AOC-certified translator and provided the new translation to defendant a few days bef[...]

Jan 19, 2012

Criminal Practice – Robbery & Assault – Shackles – No Prejudice – Indictment – Speedy Trial – Jury & Jurors – Unanimity

State v. Lee The trial court did not follow the law when it required defendant to remain in shackles during trial because he was financially unable to make bond. However, the error was harmless under the particular circumstances of this case: The trial court clearly and emphatically instructed the jury not to consider defendant’s restraints in any manner, and despite having to presen[...]

Dec 16, 2011

Criminal Practice – Jury & Jurors – Request for Transcript – Judge’s Discretion – No Prejudice

State v. Starr The trial court erred when it told the jury that it lacked the technological capability to provide the jury with the transcript it requested. However, the defendant failed to show that the court’s failure to exercise its discretion was prejudicial to him. We modify and affirm our Court of Appeals’ decision to uphold defendants’ convictions of four counts of assault[...]

Sep 2, 2011

Criminal Practice – Constitutional – Right to Counsel – Potential Conflict of Interest – Previous Representation of State’s Witness – No Prejudice

State v. Choudhry Where the trial court did not explain to defendant the limitations that defense counsel’s conflict of interest imposed on counsel’s ability to question a prosecution witness – counsel’s former client — regarding her 2003 criminal charges, we are unable to conclude that the trial court established that defendant understood the implications of counsel’s prior r[...]

Jul 25, 2011

Criminal Practice – Possession of a Controlled Substance at a Prison – Handcuffed Defendant – Jury Instruction – No Prejudice  

State v. Stanley Although the trial court should have instructed the jury that it was not to consider the fact that defendant was handcuffed when it weighed evidence or determined the issue of guilt, given the evidence against defendant and the trial court’s instruction about incarceration, defendant was not prejudiced by the trial court’s failure to give the instruction about the han[...]

Jun 24, 2011

Criminal Practice – Incendiary Material – Judges – Laughter – No Prejudice – Sentencing

State v. Herrin Even though the trial judge laughed in open court upon hearing the victim’s testimony that defendant “ran like a bi—- all the way, way down past his house,” defendant failed to show any prejudice arising from the incident. We find no prejudicial error in defendant’s conviction of felonious malicious use of an explosive or incendiary device or material.

Jun 8, 2011

Workers’ Compensation – Written Notice – Untimely – No Prejudice – Actual Knowledge – Investigation & Treatment – Appeals – Interlocutory

Gregory v. W.A. Brown & Sons Even though plaintiff's written notice of her compensable injury was not timely, since the defendant-employer had actual notice of the injury, had an opportunity to investigate, and helped plaintiff get prompt medical attention, defendants were not prejudiced by the untimeliness of the written notice. We affirm the Industrial Commission's award of benef[...]

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