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Court of Appeals, Southern District

Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Lesser Offenses

Where a defendant in a drug-trafficking case argued that his trial counsel was ineffective for failing to request lesser-included offense instructions and for not calling a particular witness, the instructing-down principles were not previously so clear and obvious that counsel’s ...

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Employment: Workers’ Compensation-Review of Compromise Settlement

Plaintiff appealed from the dismissal of his petition to change or review a compromise settlement with defendant, in which plaintiff alleged that he had a worsening condition and thus the award in the settlement should be increased. The commission ruled ...

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Criminal Law: Callback Option-Violation of Furlough Conditions

Defendant was sentenced with the trial court retaining callback authority. The trial court granted furlough prior to defendant’s sentence, subject to conditions that would trigger losing the callback option, which defendant later violated. Defendant appealed from his unsuccessful challenge to ...

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Domestic Relations: Divorce-Motion to Dismiss Appeal

Husband appealed from the trial court’s judgment of dissolution of marriage. Wife moved to dismiss husband’s appeal due to Rule 84.04 violations and other briefing deficiencies. Where husband failed to include concise statements describing where the errors complained of on ...

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Criminal Law: Assault-Defense of Property

Defendant appealed his conviction for first-degree assault, arguing that the trial court erred in rejecting his proffered jury instructions because there was sufficient evidence to support a theory of defense of property. Where there was no evidence that the victim ...

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Domestic Relations: Grandparent Visitation Rights-Denial of Reasonable Visitation

Mother appealed from the judgment granting grandparent visitation rights with mother’s son to the child’s paternal grandfather, the father of mother’s deceased husband. Mother argued that she did not deny grandfather reasonable visitation for a period exceeding 90 days. Where ...

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Insurance: Medical Lien Statutes-Lien Against Insurance/Tort Recovery

Plaintiff was injured in a car crash and sought treatment from defendant. The parties entered a UCC lien in which plaintiff granted defendant a security interest in any proceeds plaintiff would receive from insurance or a tortfeasor. Plaintiff further purported ...

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Criminal Law: Drug Trafficking-Compulsion of Co-Defendant’s Testimony

Defendant appealed from his conviction for drug trafficking. On appeal, defendant challenged the sufficiency of the evidence supporting his conviction and further challenged the trial court’s refusal to compel defendant’s co-defendant to testify. Where co-defendant who pleaded guilty remained in ...

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