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Court of Appeals, Southern District

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Domestic Relations: Termination of Parental Rights-Ineffective Assistance of Counsel

On appeal from the trial court’s grant of the petition for adoption filed by the guardians of K.A.F., which effectively terminated father’s parental rights, father argued that his counsel failed to adequately communicate with him prior to trial, failed to ...

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Public Utilities: Infrastructure-Replacement Surcharges-Replacement Costs-Statutory Authority

Where the Office of Public Counsel challenged the Public Service Commission’s finding that it did not have statutory authority to order the utility to issue refunds of ineligible infrastructure system-replacement surcharges, and a gas utility argued that the commission erred ...

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Criminal Law: Probation Revocation-“Every Reasonable Effort”

Where a trial court sought to revoke a defendant’s probation for an October 2015 conviction for felony stealing, the state did not exercise “every reasonable effort” to resolve the probation violations before the probation expired, so a second writ of ...

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Criminal Law: Lesser-Included Offense-Voluntary Manslaughter-Castle Doctrine

Where a defendant, who was convicted of multiple offenses including involuntary manslaughter arising from a road-rage incident, argued that the trial court erred in accepting the jury verdict as to the unlawful use of a weapon and armed criminal action ...

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Criminal Law: Motion to Vacate, Set Aside or Correct Sentence-Failure to Conduct Abandonment Inquiry

Movant appealed the denial of his Rule 29.15 motion, arguing that the trial court erred in failing to conduct an abandonment inquiry where post-conviction counsel raised a claim that allegedly deprived movant of meaningful review of his claims. Where abandonment ...

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Torts: Unlawful Business Services Claim Preclusion

Plaintiff appealed from the dismissal of his claims against defendants. Plaintiff asserted claims of unlawful foreclosure consulting and accessory liability against the defendant attorneys after plaintiff allegedly hired defendants to assist him in preventing the foreclosure of his home. On ...

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Torts: Conversion-Judgment as Discovery Sanction

Defendants appealed the entry of judgment against them as a discovery sanction. Plaintiffs filed suit against defendants for conversion, fraud, civil conspiracy, and breach of fiduciary duty. When defendants filed incomplete responses to plaintiffs’ second discovery requests, the trial court ...

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