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Court of Appeals, Southern District

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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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Civil Practice: Jurisdiction-Legal Malpractice-Public Defender Immunity

Where a man, whose convictions were voided after 17 years, sued his trial and appellate public defenders for negligently failing to assert a jurisdictional challenge, and the public defenders challenged the $600,000 jury verdict entered in his favor, the public ...

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Criminal Law: First-Degree Assault-Sufficiency of Evidence-Identification

Where a defendant challenged her conviction in a first-degree assault case, arguing that the state did not identify her as the shooter, the victim’s testimony, ample circumstantial evidence and reasonable inferences were available from which a jury could conclude that ...

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