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Court of Appeals, Southern District

Criminal Law: Domestic Assault-Motion to Compel Production of Documents-Witness’ Mental Health Records

Defendant appealed his conviction for domestic assault. On appeal, defendant argued that the trial court abused its discretion by denying defendant’s motion to compel a health care facility to disclose a witness’ mental health records or, in the alternative, to ...

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Employment: Workplace Injury-Safety Appliance Act-General Negligence

Plaintiff was twice injured while switching railcars at defendant’s yard. Plaintiff asserted claims for strict liability under the Safety Appliance Act and for negligence. The trial court entered judgment for plaintiff on his SAA claims. On appeal, defendant argued, among ...

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Employment: Workers’ Compensation-Second Injury Fund-Statute of Limitations

Plaintiff appealed the final award denying his claim for benefits from the Second Injury Fund for hearing loss and tinnitus plaintiff alleged was caused by his exposure to industrial noise while working for the Solo Cup Company. The commission denied ...

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Domestic Relations: Order of Protection-Stalking-Sufficiency of Evidence

Defendant appealed the full order of protection entered by the trial court against defendant. Defendant challenged the sufficiency of evidence supporting the trial court’s finding that defendant committed the predicate act of stalking against plaintiff. Where there was no evidence ...

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Criminal Law: Sex Crimes-Use of Propensity Evidence-Lack of Independent Proof of Corpus Delicti

Defendant was found guilty of committing sex crimes against a six-year old victim. On appeal, defendant challenged the use of propensity evidence without also presenting independent proof of the corpus delicti of the charged offenses. Where the corpus delicti rule ...

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Criminal Law: Murder-Tampering with Evidence-Motion to Suppress Inculpatory Statements

Defendant was found guilty of the first-degree murder of his mother, along with charges of abandonment of a corpse, tampering with evidence, and animal abuse. Defendant was sentenced to life without parole. On appeal, defendant challenged the denial of his ...

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Negligence: Property Damage-Lost Sale-Damages

Where homeowners brought an action against an electric cooperation for the alleged negligent installation of a transformer, claiming damages from a lost sale of their property after the buyers backed out, the judgment is affirmed because the owners did not ...

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Criminal Law: Sexually Violent Predator-Civil Commitment-Ineffective Assistance of Counsel

Defendant appealed his civil commitment to the Department of Mental Health as a sexually violent predator. Defendant argued that he received ineffective assistance of counsel because his attorney failed to file an answer and object to the state’s “end-of-confinement report” ...

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