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Court of Appeals, Western District

Real Property: Easement Agreement-Statute Of Limitations-Continuing-Wrong Exception

Where homeowners challenged the dismissal of their property damage claims, which arose from an electric cooperative’s use of a transmission line easement across their property, the grant of summary judgment to the cooperative is affirmed because the claims for trespass ...

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Criminal Law: Post-Conviction Relief-Abandonment Inquiry-Statement In Lieu Of Motion

Where a defendant challenged the denial of an abandonment inquiry after his appointed counsel filed a statement in lieu of an amended motion, the filing of a timely statement in lieu of an amended motion does not necessitate an abandonment ...

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Elections: Voter Identification- Enforcement- Insufficient Appropriation

Where appellants sued the state challenging the enforcement of the personal-identification requirements of a voter-identification law, judgment as a matter of law for the state is reversed and remanded because the appellants’ petition sufficiently pleaded the insufficiency of the state’s ...

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Criminal Law: Hearsay- Outside Confession- Jury Instruction

Where a defendant in a first-degree murder case challenged the trial court’s refusal to allow evidence that another person had confessed to the double murder, the defendant failed to establish that the hearsay statements were exonerating, and the statements also ...

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Criminal Law: Post-Conviction Relief- Effectiveness Of Counsel- Juror Misconduct

Where a defendant in a first-degree murder case argued that his counsel was ineffective for failing to raise the issue of juror misconduct in the motion for new trial, the judgment is affirmed because juror testimony about alleged bullying that ...

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