Where a husband in a dissolution appealed the disproportionate division of marital property, the trial court did not err in finding that the couple’s investment income and retirement benefits were marital property and the court’s finding that husband’s support of ...
Read More »Criminal Law: Second-Degree Murder – Confrontation Clause – Miranda
(1)Where a medical examiner, who did not perform the autopsy in a second-degree murder case, gave testimony that described his own conclusions and opinions from viewing photos of the child victim’s injuries, there was no hearsay, so the trial court ...
Read More »Criminal Law: Post-Conviction Relief – Effectiveness Of Counsel – Hearsay
Where a defendant challenged alleged hearsay testimony from the mother of a rape victim during his trial on charges including rape and domestic assault, there was no reasonable possibility that the defendant would have been acquitted but for the testimony ...
Read More »Criminal Law: Post-Conviction Relief – Effectiveness Of Counsel – Prejudice
Where a defendant who pleaded guilty to a felony charge of failing to return rented property claimed his counsel was ineffective for failing to investigate the fair market value of the property, the defendant did not show that he was ...
Read More »Civil Practice: Attorney’s Fees – Impeachment Proceeding – ‘Political Subdivision’
Where a former city officer sought attorney’s fees and costs incurred in an impeachment proceeding, the trial court properly denied the request because the statute does not authorize fees and costs against a political subdivision of the state. Judgment is ...
Read More »Banks and Banking: Negligence – Forged Checks – Comparative Fault
Where the victim of a previous forgery failed to safeguard his checkbook or lockbox against a mother and son who had previously stolen $8,000 from him through forgeries, the trial court did not err in finding that the victim’s failure ...
Read More »Negligence: Premises Liability – Independent Contractor – Dangerous Condition
Where an employee of an independent contractor was killed and another injured in an explosion while repairing a gasoline storage tank owned by the defendant, a petroleum storage facility, and the plaintiffs argued a duty of care arose from the ...
Read More »Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages
(1)Where an employee claimed wrongful termination under the public policy exception, the trial court erred and misdirected the jury by failing to give an instruction that required the jury to find that the plaintiff’s communication with government investigators was the ...
Read More »Contract: Insurance Coverage – Cargo Loss – UCC
Where an insurer issued a policy to seller covering the shipment of goods and the seller’s demand for coverage for loss to cargo caused by Hurricane Katrina was denied by the insurer, which claimed the title and risk of loss ...
Read More »Civil Practice: Standing – Affirmative Defense – Demand For Payment
Where a trial court granted summary judgment to a bank on its claims to recover a balance due under several notes executed by the defendant, which brought a wrongful foreclosure counterclaim, the bank had standing to sue because the bank ...
Read More »Appellate Practice: Associate Circuit Court – Unlawful Detainer
Where a pro se appellant filed an appeal from a judgment in an unlawful detainer action that was filed directly in the associate circuit division and the appellant failed to file a request for a trial de novo, the appeal ...
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