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Criminal Law: Post-Conviction Relief – Effectiveness Of Counsel – Hearsay

Where a defendant challenged alleged hearsay testimony from the mother of a rape victim during his trial on charges including rape and domestic assault, there was no reasonable possibility that the defendant would have been acquitted but for the testimony ...

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Civil Practice: Attorney’s Fees – Impeachment Proceeding – ‘Political Subdivision’

Where a former city officer sought attorney’s fees and costs incurred in an impeachment proceeding, the trial court properly denied the request because the statute does not authorize fees and costs against a political subdivision of the state. Judgment is ...

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Banks and Banking: Negligence – Forged Checks – Comparative Fault

Where the victim of a previous forgery failed to safeguard his checkbook or lockbox against a mother and son who had previously stolen $8,000 from him through forgeries, the trial court did not err in finding that the victim’s failure ...

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Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages

(1)Where an employee claimed wrongful termination under the public policy exception, the trial court erred and misdirected the jury by failing to give an instruction that required the jury to find that the plaintiff’s communication with government investigators was the ...

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Contract: Insurance Coverage – Cargo Loss – UCC

Where an insurer issued a policy to seller covering the shipment of goods and the seller’s demand for coverage for loss to cargo caused by Hurricane Katrina was denied by the insurer, which claimed the title and risk of loss ...

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Civil Practice: Standing – Affirmative Defense – Demand For Payment

Where a trial court granted summary judgment to a bank on its claims to recover a balance due under several notes executed by the defendant, which brought a wrongful foreclosure counterclaim, the bank had standing to sue because the bank ...

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Appellate Practice: Associate Circuit Court – Unlawful Detainer

Where a pro se appellant filed an appeal from a judgment in an unlawful detainer action that was filed directly in the associate circuit division and the appellant failed to file a request for a trial de novo, the appeal ...

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Social Security: Denial Of SSI Benefits – Obesity – Residual Functional Capacity

Where an administrative law judge determined that a claimant of supplemental security income was not disabled, the judge properly considered how the claimant’s morbid obesity contributed to her other physical and mental ailments, and the determination that the claimant had ...

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Negligence: Legal Malpractice – Standing – Bankruptcy

Where a bankruptcy estate claimant and a trustee brought adversary complaints against a law firm alleging legal malpractice and breach of fiduciary duties owed to a client, the bankruptcy court’s judgment in favor of the trustee and the district court’s ...

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