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Author Archives: Staff Report

Criminal Law: Sexual Abuse-Admission of Prior Bad Acts-Questioning of Family Member’s Prior Bad Acts

Defendant was found guilty of sexual abuse and felony attempted enticement of a child. At trial, the state offered two witnesses who testified that defendant had, years ago, offered them money to expose themselves to defendant. On appeal, defendant challenged ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Categorically Unreasonable Strategic Decisions

Movant, serving five concurrent prison terms for various sex crimes, moved for post-conviction relief alleging ineffective assistance of trial counsel, who chose to make a unitary rather than offense-specific defense that all three victims were lying and failed to request ...

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Criminal Law: Possession of Controlled Substances-Evidence of Possession-Sufficiency of Evidence

Defendant was convicted of possession of controlled substances after police executed a search warrant on her home, finding a glass pipe with methamphetamine residue that witnesses claimed defendant used to smoke methamphetamine the night before. During her interrogation, defendant claimed ...

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Landlord – Tenant: Residential Lease-Implied Warranty Of Habitability-Exculpatory Clause

(1)Where a landlord challenged a judgment for a tenant on her claim for breach of the implied warranty of habitability, the 2017 lease and its exculpatory clause were immaterial because sufficient evidence showed that the tenant’s damages occurred when the ...

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