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Court of Appeals, Southern District

Domestic Relations: Adult Abuse Act- Order of Protection- Sufficiency of Evidence

Petitioner filed a petition under the Adult Abuse Act seeking an order of protection against respondent, alleging that respondent, petitioner’s sister, “knowingly and intentionally” stalked and harassed her. The trial court granted petitioner a year-long order of protection, automatically renewable ...

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Real Property: Fraudulent Transfer- Lack of Consideration- Delay of Judgment Collection

Defendants appealed from the judgment setting aside a conveyance of real property as fraudulent. Plaintiffs were judgment creditors of two defendants, who deeded substantially all of their assets to the other two defendants, their children, without consideration. At trial, the ...

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Real Property: Fraudulent Transfer -Lack of Consideration -Delay of Judgment Collection

Where defendants failed to object to dismissal of the jury or assert they had a right to jury trial, and where dismissal of plaintiffs’ damages claim left only claims for equitable relief, trial court did not err in dismissing jury ...

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Criminal Law: Statutory Rape- Jury Request to Observe Defendant’s Facial Expression- Waiver

Defendant appealed from his conviction of statutory sodomy and statutory rape of his minor biological daughter. During trial, a juror requested defendant change his seating position to better observe his facial expressions. On appeal, defendant argued that the trial court ...

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Criminal Law: Post-Conviction Relief- Ineffective Assistance of Counsel- Erroneous Advice about Maximum Sentence

Defendant appealed the denial of his motion for post-conviction relief, which alleged his plea counsel was ineffective for advising defendant he faced a 30-year sentence when defendant could only have been incarcerated for 16 years. Defendant argued that but for ...

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Criminal Law: Assault- Sufficiency of Evidence- Intent to Kill

Defendant appealed his bench-trial conviction for first-degree assault and armed criminal action. The victim was using a Bobcat at the apartment complex where defendant lived. Defendant struck the side of the Bobcat with his cane, then began hitting victim. When ...

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Criminal Law: Assault-Sufficiency of Evidence-Intent to Kill

Defendant appealed his bench-trial conviction for first-degree assault and armed criminal action. The victim was using a Bobcat at the apartment complex where defendant lived. Defendant struck the side of the Bobcat with his cane, then began hitting victim. When ...

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