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Court of Appeals, Southern District

Civil Practice: Workers’ Compensation Subrogation Lien-Reimbursement Amount-Comparative Fault

Where an insurer challenged a summary judgment against it on a petition to declare the reimbursement amount for a workers’ compensation-subrogation lien, the trial court had subject matter jurisdiction, and any error related to the court’s comparative fault determination was ...

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Criminal Law: Statutory Sodomy-Clothing of Testifying Victim-Attempt to Influence Jury

Defendant was convicted of first-degree statutory sodomy and sentenced to life imprisonment. On appeal, defendant argued that the trial court, despite defendant’s objection, erroneously allowed the child victim to testify while wearing a jacket from Bikers Against Child Abuse because ...

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Criminal Law: Post-Conviction Relief-Distribution of Controlled Substances-Ineffective Assistance of Counsel

Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction relief, alleging 24 instances of ineffective assistance of counsel. The ...

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Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for ...

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Workers’ Compensation: Death Benefits-Sufficiency of Evidence-Substitution of Party

Where an employer challenged an award of death benefits to a deceased worker’s son after he was substituted as a personal representative after the worker’s husband died, the evidence was sufficient to support the finding that the work-related ankle injury ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Erroneous Advice

  Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly erroneously advised defendant he could not be convicted because there ...

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