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Court of Appeals, Southern District

Criminal Law: Closing Argument-Accomplice Liability-Sufficiency of Evidence

(1)Where a defendant challenged her conviction based on accomplice liability for first-degree assault,  jurors could consider the defendant’s behavior during the incident and toward doctors and could draw numerous inferences from the circumstances surrounding the injuries to the child victim, ...

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Criminal Law: Post-Conviction Relief-Untimely Motion-Abandonment-Post-Conviction Relief Untimely Motion

Where a defendant argued that his case must be remanded to the motion court for an abandonment inquiry, the state agreed in its brief, and the judgment is reversed and remanded. Judgment is reversed and remanded. Slavens v. State (MLW ...

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Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Waiver

Where the state challenged the grant of relief to a defendant who argued that his counsel erroneously stated his program-completion date to the sentencing court, the judgment is reversed because the motion court granted post-conviction relief based on a claim ...

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Real Property: Adverse Possession-Hostile-Sufficiency of Evidence

Where appellants challenged a judgment against them on their adverse-possession claim to 314 acres of land, the judgment is affirmed because the trial court did not err in finding that they failed to present substantial evidence to conclude that their ...

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Criminal Law: Post-Conviction Relief-Escape Rule-Adverse Effect to Criminal Justice System

Defendant entered an Alford plea to two felony charges and was placed on probation that was subsequently revoked for three criminal violations. Defendant escaped his transport to incarceration but was recaptured several days later. Defendant’s motion for post-conviction relief was ...

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