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Court of Appeals, Southern District

Criminal Law: Discharging Firearm at Inhabited Structure-Ineffective Assistance of Counsel

Defendant was charged with knowingly discharging a firearm at an inhabitable structure. The state offered a plea deal to reduce his charge and impose a four-year sentence with no opportunity for probation. Wanting to seek probation, defendant rejected the offer ...

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Real Property: Family Cemetery-Condemnation

Defendants appealed the judgment of condemnation of the Childress Cemetery, located on land owned by defendants. Childress family members had petitioned for condemnation of the land as a private cemetery, alleging defendants had prevented the family’s access to the cemetery ...

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Driver’s License: Reinstatement-Submission of Alcohol-Influence Report

The director of revenue appealed the trial court’s judgment granting plaintiff’s petition to reinstate his driver’s license following an administrative denial. The trial court ruled that the director had lacked probable cause to submit plaintiff’s alcohol-influence report into evidence and ...

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Domestic Relations Environmental: Poultry-Concentrated, Animal-Feeding Operation-Setback Distances-Validity of Commissioners

Plaintiffs sought judicial review of the Clean Water Commission’s approval of a permit application for a poultry-concentrated, animal-feeding operation. Plaintiffs argued that the applicant failed to show production-area setback distances or provide a copy of proposed building plans. Plaintiffs also ...

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Criminal Law: Sentencing-Oral Pronouncement

Where a trial court orally stated that a defendant’s sentences were to run concurrently with each other but the written judgment incorrectly stated that the sentences were to run consecutively, the case is remanded with instructions for the court to ...

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Criminal Law: Financial Exploitation of Elderly Person-Admission of Evidence

Defendant appealed from his conviction for financially exploiting an elderly person, challenging the trial court’s admission of certain exhibits and denial of defendant’s motion to dismiss at the close of evidence. Where defendant’s previous letters to the victim requesting loans ...

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Contracts: Breach-Calculation of Damages

Defendant appealed the judgment ordering it to pay damages to plaintiff for breach of contract. On appeal, defendant argued that the trial court applied the wrong measure of damages to plaintiff’s claim. Where defendant had contracted with plaintiff, not with ...

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