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Court of Appeals, Southern District

Insurance Law: Auto Insurance-Underinsured Motorist Coverage-Stacking of Coverage

The trial court concluded that plaintiffs’ four auto insurance policies were ambiguous as to whether they permitted stacking of their respective underinsured-motorist coverage limits. Where the policies’ “limits of liability” sections, standing alone, unambiguously prohibited stacking of UIM coverage limits, ...

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Criminal Law: Sexual Assault-Post-Conviction Relief-Ineffective Assistance of Counsel

Defendant was convicted of the lesser-included charge of statutory rape. Defendant filed a motion for post-conviction relief, arguing that trial counsel was ineffective for failing to object and request a mistrial following testimony that freezing defendant’s urine changed the results ...

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Criminal Law: Sexual Assault-Motion to Set Aside Conviction-Ineffective Assistance of Counsel

Defendant unsuccessfully moved to set aside his conviction for forcible rape and sodomy of three of his adopted children, arguing that trial and appellate counsel were ineffective for failing to call defendant’s older daughter as a witness, failing to object ...

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