CASES DUE FOR ORAL ARGUMENT

Size: px
Start display at page:

Download "CASES DUE FOR ORAL ARGUMENT"

Transcription

1 Supreme Court of Georgia Jane Hansen, Public Information Officer 244 Washington Street, Suite 572 Atlanta, Georgia CASES DUE FOR ORAL ARGUMENT Summaries of Facts and Issues Please note: These summaries are prepared by the Office of Public Information to help news reporters determine if they want to cover the arguments and to inform the public of upcoming cases. The summaries are not part of the case record and are not considered by the Court at any point during its deliberations. For additional information, we encourage you to review the case file available in the Supreme Court Clerk s Office ( ), or to contact the attorneys involved in the case. Under the Georgia Constitution s two-term rule, all cases must be decided within two Court terms, or about six months from the time they are filed here. 10:00 A.M. Session Tuesday, July 10, 2012 ARBY S RESTAURANT GROUP, INC. ET AL. V. MCRAE (S12G0714) Arby s Restaurant is appealing a decision by the Georgia Court of Appeals, which ruled that it did not have the right under state law to talk privately to the physician of its employee who filed a workers compensation claim after she was injured on the job. FACTS: In February 2006, Laura McRae, who worked for Arby s Restaurant Group, Inc., mistakenly drank lye drain cleaner that had been left in the break room in a cup similar to the one she had been using. After suffering third-degree burns to her esophagus, McRae filed a workers compensation claim against Arby s and Hartford Insurance Co. Arby s did not dispute the claim and began paying income benefits in March McRae signed a Form WC-207, provided by the State Board of Workers Compensation, that authorized her treating gastroenterologist to release all medical information and records related to her claim. In September 2009, the gastroenterologist prepared a medical narrative report in which she concluded that, despite exhaustive therapy, McRae had a 65 percent permanent impairment. The following month, McRae requested a hearing on her claim for temporary total disability and permanent partial disability. After receiving the physician s report, Arby s attorneys tried to schedule an ex parte consultation with the doctor to discuss the report, meaning they sought to 1

2 meet with the physician outside the presence of McRae or her attorneys. The physician refused without permission from her patient, which she did not have. Following several motions filed by Arby s, a State Board of Workers Compensation administrative law judge removed McRae s hearing request from the calendar until she signed a release authorizing her gastroenterologist to discuss the report with Arby s attorneys. After the State Board s Appellate Division and the Fulton County Superior Court upheld the decision, McRae appealed to the Court of Appeals, which in a 4-to-3 decision reversed the decision and ruled that the state Workers Compensation Act did not compel her to authorize her physician to talk ex parte to her employer s lawyer in exchange for receiving workers comp benefits. It cited the state Supreme Court s 2010 ruling in Baker v. Wellstar Health Systems, which recognized the right to medical privacy established under Georgia law and specified the dangers associated with ex parte conferences by defense counsel with health care providers. Arby s then appealed to the state Supreme Court, which agreed to review the case to determine whether the Court of Appeals erred in its interpretation of the Act. ARGUMENTS: Arby s attorney argues the Court of Appeals clearly erred in ruling that private communications between defense counsel and a claimant s treating physician should be restricted. The Workers Compensation Act Official Code of Georgia clearly and unambiguously provides that workers compensation claimants explicitly waive any privilege or confidentiality concerning any communications, the attorney argues in briefs. Specifically the law states: When an employee has submitted a claim for workers compensation benefits, that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. The law goes on to state that when requested by the employer, any physician who has examined, treated or tested the employee or consulted about the employee shall provide within a reasonable time and for a reasonable charge all information and records related to the examination, treatment, testing or consultation concerning the employee. No authority exists for the Court of Appeals majority opinion s conclusion that information as used in the Act means only written documents or other tangible things. The Act not only permits the release of information at issue in this appeal, it further specifically requires a treating physician to do so. Through this law, the General Assembly has created an expedited system to process workplace injuries in a time-sensitive and efficient manner, Arby s attorney argues. The Court of Appeals decision, if permitted to stand, will have serious and deleterious effects upon the administration of Georgia workers compensation claims. Finally, the Baker decision dealt with a medical malpractice lawsuit, not a workers compensation claim. And Baker was decided under the privacy rule of the federal Health Insurance Portability and Accountability Act (HIPAA). But HIPAA defers to states workers compensation laws, Arby s lawyer contends. McRae s attorney argues the Court of Appeals properly ruled that this state s Workers Compensation Act does not require an employee to authorize the treating physician to engage in an ex parte consultation with the opposing party s lawyer. There is no provision in that Act that authorizes the State Board to order an injured worker to permit her physician to meet with opposing counsel, the attorney argues in briefs. Additionally, if the employer and insurer are correct in this assertion that the statute requires this authorization by the employee, this 2

3 interpretation of the statute is in direct violation of the rights to medical privacy contained in the Georgia Constitution, as enunciated by this Court in Baker. The Court of Appeals also has properly determined that the information referred to in the Act pertains to the release of tangible medical records and information contained within a medical providers files and which already exist, but does not authorize prospective ex parte communications between the treating physician and opposing counsel, McRae s attorney argues. And the Court of Appeals has properly applied the Baker decision to this case. Contrary to Arby s argument that HIPAA does not apply to this case, the Court of Appeals has properly determined that there is not a wholesale exemption of the federal law s privacy rule in workers compensation cases, the attorney argues. Attorney for Appellants (Arby s): Andrew Hamilton Attorney for Appellee (McRae): L. Thomas Clements THE STATE V. OGILVIE (S12G0703) The State is appealing a Georgia Court of Appeals ruling that reversed a woman s conviction for vehicular homicide after she struck and killed a child on his way to school. FACTS: On Feb. 2, 2009, Kiera Dunmore, a student at Lithonia High School in DeKalb County, was walking her 7-year-old brother, Kameron Dunmore, tohis bus stop. She said they were running late, and when saw his bus coming, instead of escorting him to the stop, she watched as he hurried to the crosswalk where a crossing guard stood waiting. She later testified that her little brother knew how to cross the street. After she walked a block to her own bus stop, a man drove by and told her a car had just hit a boy. Kiera ran back to where she d left Kameron and found him lying in the street. There were a number of witnesses. The crossing guard of nine years testified that his routine was to stop cars in both directions before summoning children to cross the street. He said he was at the curb with Kameron when a car in one direction stopped on its own accord. The guard walked toward the middle of the intersection and while traffic in the northbound lanes came to a stop, a dark-colored SUV driven by Shirley Ogilvie kept approaching, although the car behind Ogilvie stopped. One eyewitness said the guard had his flashing stop sign up. Another said he too saw the guard holding the sign as Kameron entered the crosswalk. That witness testified that when he realized Ogilvie was not going to stop, he flashed his lights at her. He also said he saw the driver s head turn just before the incident and that she was probably looking down. The guard testified that the SUV swerved around him before hitting the child. Kameron fell and Ogilvie s car ran over him. Ogilvie testified that while driving her daughter to school, she asked the girl to call her sister-in-law to wish her a happy birthday. She said she saw the little boy running across the street, and she swerved into oncoming traffic to miss him. She said the child just shot out in front of me and I tried to avoid him. Ogilvie denied that the crossing guard was in the middle of the intersection with his sign up. She denied that she turned her head when she asked her daughter to call her aunt. And she denied that she reached for her cell phone, which was on the floor of the front seat. She admitted, however, that she failed to yield to the child in the crosswalk and caused his death. Following the presentation of the evidence, the trial judge told attorneys he intended to instruct the jury before its deliberations on the defense of proximate cause. Proximate cause relates to whether the defendant s actions factually and legally caused the incident. The State, in other words, must prove that the motorist caused the incident. Ogilvie s attorney also asked that 3

4 jurors be instructed that they could consider the incident an accident. The trial judge, however, refused to give a jury instruction on the defense of accident, explaining that Ogilvie s defense was that Kameron was the cause of his death as a result of darting in front of her car. In explaining strict liability, the judge instructed the jury that, in the context of a traffic violation, such as failure to yield the right of way in a crosswalk, the State would have met its burden as to Defendant s criminal intent if you should find beyond a reasonable doubt that the Defendant, intending to drive, did not stop and remain stopped to allow the pedestrian to cross the roadway within the crosswalk. [T]he behavior of the victim is relevant. In vehicular homicide cases, the State must prove that the Defendant s conduct was the legal or proximate cause as well as the cause in fact of the death. The jury subsequently convicted Ogilvie of vehicular homicide in the second degree and failing to stop for a pedestrian in a crosswalk. She was sentenced to 12 months in the county jail and ordered to pay a $1,000 fine. On appeal, however, the Court of Appeals reversed Ogilvie s convictions and sentence based on the trial court s refusal to give the requested jury instruction on accident. The State now appeals to the state Supreme Court, which has agreed to review the case to determine whether the Court of Appeals properly applied the law governing accident and proximate cause in a strict liability traffic offense. ARGUMENTS: The Assistant Solicitor-General argues for the State that the Court of Appeals erred in failing to distinguish between when the facts call for a jury instruction on proximate cause and when they warrant a jury charge on the defense of accident. For a strict liability offense, such as Vehicular Homicide in the Second Degree, the State need only prove the defendant s intent to do the underlying act, which in this case was to drive her car through the crosswalk. When the defendant commits the underlying act voluntarily and the victim behaves in a manner that causes the victim s own death, the defense is a lack of proximate cause. On the other hand, when the facts show that the defendant s act (in this case driving through the crosswalk) happened because of a reason beyond the defendant s control and that neither party could have done anything to avoid the death, the statutory accident defense applies. In this case, Kameron s death was not unavoidable, the State contends. The Court of Appeals ruling was legally incorrect, the State argues, because there was no evidence that Appellee drove through the crosswalk for a reason beyond her control or that the incident could not be avoided (by either party). The trial court was correct in identifying this issue as proximate cause, the State argues, because either the actions of Ogilvie or Kameron caused his death. Although Ogilvie s attorney argued the trial court took away her sole defense of accident, that is incorrect. The trial court did not give an accident charge because there was no evidence in the record to show that Appellee acted without criminal intent. In a strict liability traffic case, criminal intent means an intention to drive; it does not mean an intention to violate the rules of the road. It is an important distinction the Court of Appeals has failed to make, the State argues. For a strict liability offense, the State still must prove criminal intent; it need not, however, prove any mental fault, the State contends. The substance of the Court of Appeals error in Appellee s case is equating criminal intent with mental fault. In conclusion, the State argues the courts have blurred the distinction between these defenses and urges the state Supreme Court to clearly delineate the distinction between the sometimes overlapping but distinct defenses of proximate cause and accident. 4

5 The attorney for Ogilvie argues the Court of Appeals got it right. Since its 1894 decision in Wallace v. State, the Georgia Supreme Court has recognized the defense of accident and misfortune. If this Court reverses the Court of Appeals, that would mean basically that a defendant in a criminal case would never be able to argue he committed the offense but it was by accident or misfortune, the attorney argues. It is mind-boggling to ever imagine that this Court would ever consider taking away a defendant s statutory and case law right to assert what he or she did was an accident if the evidence warrants such a charge as in the case at bar. The defense of accident is called an affirmative defense. An affirmative defense is a defense that admits the doing of the act charged but seeks to justify, excuse, or mitigate it, Ogilvie s attorney explains. Accordingly, if a defendant does not admit to committing any act which constitutes the offense charged, he is not entitled to a charge on the defense of accident. The record shows that Ogilvie admitted to vehicular homicide in the second degree and sought to excuse the act and was entitled to a charge of accident as ruled upon by the Court of Appeals in this case, Ogilvie s attorney argues. The defense of accident was Mrs. Ogilvie s sole defense in this case. It is well settled that the failure to give a charge on a defendant s sole defense in a criminal case constitutes reversible error if there some evidence to support the charge. Attorney for Appellant (State): Wystan Getz, Asst. Solicitor-General Attorney for Appellee (Ogilvie): Jackie Patterson DUNN V. THE STATE (S12A1139) A man is appealing his murder conviction on several grounds, including that the State failed to exclude the hypothesis that a third person shot and killed the victim. FACTS: In November 2000, an Athens-Clarke County police officer was on routine patrol at around 2 a.m. when she came upon a wrecked Chevrolet station wagon at the intersection of First and Vine streets. The car had hit a retaining wall, then skidded and crashed into a guardrail. As she approached, she noticed the interior was foggy or smoky from what appeared to be the recent discharge of a firearm. The two in the car appeared motionless and in need of medical help, so she called an ambulance. Suddenly the man in the passenger seat, Torrance Demond Dunn, known as Inky, began punching and scratching the man slumped over in the driver s seat, Herbert Ramon Smith, who was dead. The officer observed that Dunn s mouth was bloody and he had what appeared to be brain matter on his leg. When she tried to pull Dunn out of the car, he began screaming. He continued to scream and began kicking her. The officer radioed for backup. She later testified Dunn had a wild look on his face as he repeatedly beat Smith s lifeless body, and he was doing things that were very unusual. With exception of giving his name and Smith s, Dunn kept screaming without saying anything. Dunn also fought the two backup officers, then suddenly calmed down and spoke in a very normal tone. After subduing Dunn, they took him to jail. Police observed an injury to his left hand, which included blood and black powder residue, consistent with having discharged a firearm. At the jail, Detective William Ricketts attempted to get a gunshot residue test on his hands, but Dunn suddenly lunged at him, upsetting the test materials. Jail personnel testified Dunn was highly agitated, wide-eyed like a caged animal and they said he was sweating profusely. After restraining him, they were able to perform the residue test. Dunn also had smeared blood on his face and fresh blood splatter on his pants, sweatshirt and shoes. At the crime scene, officers recovered a Ruger.45 caliber pistol from the car and multiple.45 caliber shell casings. 5

6 At Dunn s trial, the state s chief medical examiner testified he believed from the evidence that Smith had been shot while driving. Dunn was shot six times at close range and was probably struggling and fighting with his assailant until he received the final shot to his head and crashed the car. The medical examiner said that due to the contact wounds, it was unlikely that a third party reached across Dunn and shot Smith. A jail nurse testified that Dunn told her the injury to his left hand was from a gunshot wound. A jail mate testified that Dunn told him he had gotten some bad cocaine that was laced with something, which made him paranoid, and that he had killed Smith because Smith was being disrespectful. In December 2002, a jury convicted Dunn of murder, aggravated assault and other crimes, and he was sentenced to life plus 30 years in prison. Dunn now appeals to the state Supreme Court. ARGUMENTS: His attorney argues the trial court made four errors, including that the circumstantial evidence was insufficient to disprove beyond a reasonable doubt every other reasonable theory other than Dunn s guilt. The burden is on the State in this case to exclude the hypothesis that a third person did not shoot Ramon Smith and they failed to do so in this case, Dunn s attorney argues. The evidence showed that Darren Thrasher was with Smith and Dunn within minutes of the shooting, and a witness saw three persons in the car only a few minutes before it crashed. The trial court erred by allowing the jail nurse to testify about her medical treatment of Dunn in violation to his right to privacy involving his medical records. And it should have been excluded because Dunn s trial attorney did not have pre-trial notice of this testimony, which would have prompted him to use a different defense strategy. The trial court also erred by admitting testimony from Ricketts that he did not believe Dunn had a head injury at the time of his arrest. Despite Rickett s non-expert opinion, substantial evidence existed of Mr. Dunn s unusual behavior that was consistent with receiving a head injury, Dunn s attorney argues. The defense strategy at trial clearly hinged on the argument that Mr. Dunn received a head injury surrounding the events of the shooting, and therefore was unable to point to the third person who shot and killed Ramon Smith. Finally, his attorney contends that Dunn s trial counsel was ineffective because he introduced evidence of Dunn s drug use and failed to object when the State introduced similar evidence; he also failed to object to Ricketts comments on Dunn s silence following the shooting in violation of Dunn s constitutional right to remain silent; and he failed to object to the trial court s decision allowing the jail nurse to testify about what Dunn had told her, the attorney argues. The State argues the evidence at trial proved overwhelmingly that Dunn was guilty as charged. He was alone in the car with Smith when police came upon the wreck, which had just occurred as apparent by the fog inside the car from fresh gunshots. He attacked Smith s lifeless body and resisted the gunshot residue test. Plus he admitted to the jail nurse his hand injury was from a gunshot and to a fellow inmate that he killed Smith due to Smith s disrespect and while he was under the influence of bad cocaine. The trial court properly allowed the jail nurse s testimony. There was hardly an expectation of privacy in this information as a law enforcement officer was in the room when Dunn spoke to her. Also, he had already placed his treatment at issue in the trial by claiming he d suffered the hand injury during the car wreck. The trial court did not err in permitting Ricketts, who had significant experience as an emergency medical technician, to offer a lay opinion concerning whether he observed signs that Dunn may have suffered a head injury. Contrary to Dunn s argument, Ricketts never offered an opinion about 6

7 whether Dunn had actually sustained such an injury. Furthermore, Dunn s attorney did not object to his testimony, so he cannot bring up this argument for the first time on appeal. More importantly, Ricketts statement of his observations came in response to the defense attorney s questions, not the prosecutor s. Finally, Dunn s trial counsel was not ineffective and the trail court properly found that all claims of ineffective assistance lacked merit. Attorney for Appellant (Dunn): Elizabeth Grant Attorneys for Appellee (State): Kenneth Mauldin, District Attorney, Brian Patterson, Chief Asst. D.A., Samuel Olens, Attorney General, Mary Beth Westmoreland, Dep. A.G., Paula Smith, Sr. Asst. A.G., Elizabeth Harris, Asst. A.G. 7

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the In the Supreme Court of Georgia Decided: May 11, 2015 S15A0308. McLEAN v. THE STATE. BLACKWELL, Justice. Peter McLean was tried by a DeKalb County jury and convicted of the murder of LaTonya Jones, an

More information

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, vs. TIMOTHY INGRAM, Defendant-Appellant. APPEAL NO. C-100440 TRIAL NO. B-0906001 JUDGMENT

More information

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

NORTH CAROLINA COURT OF APPEALS. Filed: 19 October 2004. v. Onslow County Nos. 02 CRS 56365-67, DALLAS EUGENE CLARK 56470

NORTH CAROLINA COURT OF APPEALS. Filed: 19 October 2004. v. Onslow County Nos. 02 CRS 56365-67, DALLAS EUGENE CLARK 56470 An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)

More information

Should Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases?

Should Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases? Should Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases? Prepared by Robert D. Ingram and Preston D. Holloway Moore Ingram Johnson &

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 03-CV-1445. Appeal from the Superior Court of the District of Columbia (CA-3748-02)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 03-CV-1445. Appeal from the Superior Court of the District of Columbia (CA-3748-02) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). STATE OF MINNESOTA IN COURT OF APPEALS A08-1670 State of Minnesota, Respondent, vs. Theodore

More information

Law & The Courts Resource Guide

Law & The Courts Resource Guide Law & The Courts Resource Guide - what to do in case of an auto accident - your rights in traffic court - your rights if arrested table of contents What To Do In Case Of An Auto Accident...1 Your Rights

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2003-KA-01700-COA STATE OF MISSISSIPPI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2003-KA-01700-COA STATE OF MISSISSIPPI IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2003-KA-01700-COA TOMMY BANKS A/K/A TOMMY EARL BANKS (HARRY) APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/27/2003 TRIAL

More information

DA 09-0067 IN THE SUPREME COURT OF THE STATE OF MONTANA 2009 MT 387

DA 09-0067 IN THE SUPREME COURT OF THE STATE OF MONTANA 2009 MT 387 November 12 2009 DA 09-0067 IN THE SUPREME COURT OF THE STATE OF MONTANA 2009 MT 387 STATE OF MONTANA, Plaintiff and Appellee, v. LISA MARIE LEPROWSE, Defendant and Appellant. APPEAL FROM: District Court

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

Where can I get help after a sexual assault?

Where can I get help after a sexual assault? Sexual Assault What is assault? Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault. Sometimes touching can be an assault. Threatening or trying to hurt someone

More information

COURT OF APPEALS OF VIRGINIA

COURT OF APPEALS OF VIRGINIA COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Frank and Millette Argued at Alexandria, Virginia CHRISTOPHER J. MARTIN MEMORANDUM OPINION BY v. Record No. 0035-07-4 JUDGE LeROY F. MILLETTE, JR. APRIL

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

THE MINNESOTA LAWYER

THE MINNESOTA LAWYER THE MINNESOTA LAWYER September 6, 2004 MN Court of Appeals Allows Testimony on Battered-Woman Syndrome By Michelle Lore A District Court judge properly allowed an expert on battered-woman syndrome to testify

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41435 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41435 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41435 STATE OF IDAHO, Plaintiff-Respondent, v. ANDREY SERGEYEVICH YERMOLA, Defendant-Appellant. 2015 Unpublished Opinion No. 348 Filed: February

More information

NO. COA11-480 NORTH CAROLINA COURT OF APPEALS. Filed: 7 February 2012. 1. Motor Vehicles driving while impaired sufficient evidence

NO. COA11-480 NORTH CAROLINA COURT OF APPEALS. Filed: 7 February 2012. 1. Motor Vehicles driving while impaired sufficient evidence NO. COA11-480 NORTH CAROLINA COURT OF APPEALS Filed: 7 February 2012 STATE OF NORTH CAROLINA v. Union County No. 10 CRS 738 DOUGLAS ELMER REEVES 1. Motor Vehicles driving while impaired sufficient evidence

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

- 2 - Your appeal will follow these steps:

- 2 - Your appeal will follow these steps: QUESTIONS AND ANSWERS ABOUT YOUR APPEAL AND YOUR LAWYER A Guide Prepared by the Office of the Appellate Defender 1. WHO IS MY LAWYER? Your lawyer s name is on the notice that came with this guide. The

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

UNITED STATES COURT OF APPEALS For the Fifth Circuit. No. 92-4280 UNITED STATES OF AMERICA, VERSUS. GEORGE THOMAS CURRY a/k/a Jason Mouton,

UNITED STATES COURT OF APPEALS For the Fifth Circuit. No. 92-4280 UNITED STATES OF AMERICA, VERSUS. GEORGE THOMAS CURRY a/k/a Jason Mouton, UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 92-4280 UNITED STATES OF AMERICA, VERSUS Plaintiff-Appellee, GEORGE THOMAS CURRY a/k/a Jason Mouton, Defendant-Appellant. Appeal from the United

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA. Mock Trial Script. The Case of a Stolen Car

SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA. Mock Trial Script. The Case of a Stolen Car SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA Mock Trial Script The Case of a Stolen Car This mock trial is appropriate for middle and high school students. The script includes a role for a narrator,

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA ) ) Appellee, ) 1 CA-CR 13-0096 ) ) V. ) MOHAVE COUNTY ) David Chad Mahone, ) Superior Court ) No. CR 2012-00345 Appellant. ) ) )

More information

Your Guide to Illinois Traffic Courts

Your Guide to Illinois Traffic Courts Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases

More information

STATE OF ARIZONA, Appellee, VI ANN SPENCER, Appellant. No. 1 CA-CR 13-0804

STATE OF ARIZONA, Appellee, VI ANN SPENCER, Appellant. No. 1 CA-CR 13-0804 IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. VI ANN SPENCER, Appellant. No. 1 CA-CR 13-0804 Appeal from the Superior Court in Yavapai County No. V1300CR201280372 The Honorable

More information

No. 108,391 IN THE COURT OF APPEALS OF THE STATE OF KANSAS

No. 108,391 IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 108,391 IN THE COURT OF APPEALS OF THE STATE OF KANSAS UNIVERSITY OF KANSAS HOSPITAL AUTHORITY and KANSAS UNIVERSITY PHYSICIANS, INC., Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF THE UNIFIED

More information

HOW TO DEVELOP AND PRESENT A COMPETING NARRATIVE THE TEN COMMANDMENTS OF PERSUASIVE BRIEF WRITING

HOW TO DEVELOP AND PRESENT A COMPETING NARRATIVE THE TEN COMMANDMENTS OF PERSUASIVE BRIEF WRITING HOW TO DEVELOP AND PRESENT A COMPETING NARRATIVE By Larry Gibbs THE TEN COMMANDMENTS OF PERSUASIVE BRIEF WRITING 1. Introduce your case as if you believe in it and want the judges to believe in it. 2.

More information

Third District Court of Appeal State of Florida, January Term, A.D. 2010

Third District Court of Appeal State of Florida, January Term, A.D. 2010 Third District Court of Appeal State of Florida, January Term, A.D. 2010 Opinion filed February 10, 2010. Not final until disposition of timely filed motion for rehearing. No. 3D08-182 Lower Tribunal No.

More information

I N T H E COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res

More information

STATE ATTORNEY REVIEW

STATE ATTORNEY REVIEW STATE ATTORNEY Fourth Judicial Circuit of Florida ANGELA B. COREY 311 West Monroe Street STATE ATTORNEY Jacksonville, Florida 32202 Tel: (904) 255-2500 Fax: (904)255-3009 STATE ATTORNEY REVIEW JUSTIFIABLE

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. JOSHUA ALLEN KURTZ Appellant No. 1727 MDA 2014 Appeal from the

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Continental Tire of the Americas, LLC v. Illinois Workers Compensation Comm n, 2015 IL App (5th) 140445WC Appellate Court Caption CONTINENTAL TIRE OF THE AMERICAS,

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWIN SCARBOROUGH, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 38, 2014 Court Below Superior Court of the State of Delaware,

More information

NO. COA13-614 NORTH CAROLINA COURT OF APPEALS. Filed: 3 December 2013. v. Buncombe County No. 11 CRS 59792 DANNY DALE GOSNELL

NO. COA13-614 NORTH CAROLINA COURT OF APPEALS. Filed: 3 December 2013. v. Buncombe County No. 11 CRS 59792 DANNY DALE GOSNELL NO. COA13-614 NORTH CAROLINA COURT OF APPEALS Filed: 3 December 2013 STATE OF NORTH CAROLINA v. Buncombe County No. 11 CRS 59792 DANNY DALE GOSNELL 1. Homicide first-degree murder not guilty verdict jury

More information

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured?

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? 3. How can I get help? 4. What information should I gather at the

More information

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

More information

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS THE STATE OF TEXAS, v. JAVIER TERRAZAS, Appellant, Appellee. No. 08-12-00095-CR Appeal from the County Court at Law No. 7 of El Paso County, Texas

More information

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,

More information

THE STATE OF ARIZONA, Appellee, TOAN NGOC TRAN, Appellant. No. 2 CA-CR 2013-0487 Filed September 24, 2014

THE STATE OF ARIZONA, Appellee, TOAN NGOC TRAN, Appellant. No. 2 CA-CR 2013-0487 Filed September 24, 2014 IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. TOAN NGOC TRAN, Appellant. No. 2 CA-CR 2013-0487 Filed September 24, 2014 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND

More information

JUDGMENT AFFIRMED. Division IV Opinion by JUDGE CONNELLY Webb and Terry, JJ., concur. NOT PUBLISHED PURSUANT TO C.A.R. 35(f) Announced April 22, 2010

JUDGMENT AFFIRMED. Division IV Opinion by JUDGE CONNELLY Webb and Terry, JJ., concur. NOT PUBLISHED PURSUANT TO C.A.R. 35(f) Announced April 22, 2010 09CA0678 Peo v. Vallejos 04-22-2010 COLORADO COURT OF APPEALS Court of Appeals No. 09CA0678 Adams County District Court No. 08CR838 Honorable Thomas R. Ensor, Judge Honorable C. Vincent Phelps, Judge The

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA William J. Bell : : No. 2034 C.D. 2012 v. : Submitted: April 19, 2013 : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing,

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 STATE OF TENNESSEE v. DERRICK S. CHANEY Direct Appeal from the Circuit Court for Williamson County No. II-22-201

More information

Your Criminal Justice System

Your Criminal Justice System Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. STATE OF NEW JERSEY, v. Plaintiff-Respondent, APPROVED FOR PUBLICATION November

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN D. TALLEY, Defendant-Below No. 172, 2003 Appellant, v. Cr. ID No. 0108005719 STATE OF DELAWARE, Court Below: Superior Court of the State of Delaware,

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: DAVID L. TAYLOR THOMAS R. HALEY III Jennings Taylor Wheeler & Haley P.C. Carmel, Indiana ATTORNEY FOR APPELLEES: DOUGLAS D. SMALL Foley & Small South Bend, Indiana

More information

ISBA CLE PRESENTATION ON DUI POINTS OF INTEREST March 8, 2013 Judge Chet Vahle, Betsy Bier & Jennifer Cifaldi FACT SCENARIOS AND QUESTIONS

ISBA CLE PRESENTATION ON DUI POINTS OF INTEREST March 8, 2013 Judge Chet Vahle, Betsy Bier & Jennifer Cifaldi FACT SCENARIOS AND QUESTIONS ISBA CLE PRESENTATION ON DUI POINTS OF INTEREST March 8, 2013 Judge Chet Vahle, Betsy Bier & Jennifer Cifaldi I. DUI Cannabis or Drugs FACT SCENARIOS AND QUESTIONS A. Causal connection when unlawful substances

More information

What should I do if the police ask me to take Field Sobriety Tests?

What should I do if the police ask me to take Field Sobriety Tests? DWI A DWI is not like a traffic ticket. It is a much more serious offense that carries a penalty of up to 180 days in jail and up to a $2,000 fine for a first offense. Repeat DWI offenders increase their

More information

ARREST! What Happens Now?

ARREST! What Happens Now? Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police

More information

2013 PA Super 69. Appellant No. 218 WDA 2012

2013 PA Super 69. Appellant No. 218 WDA 2012 2013 PA Super 69 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. ERIC KUTZEL Appellant No. 218 WDA 2012 Appeal from the Judgment of Sentence of January 3, 2012 In the Court

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA JIMMY FORD APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/10/2002 TRIAL JUDGE: HON. MARCUS D. GORDON

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

Franklin County State's Attorney Victim Services

Franklin County State's Attorney Victim Services Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist

More information

NO. 05-11-00657-CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW

NO. 05-11-00657-CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW NO. 05-11-00657-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS 5th Court of Appeals FILED: 03/23/2012 14:00 Lisa Matz, Clerk GLEN FRAZIER, Appellant v. THE STATE OF TEXAS, Appellee

More information

Documents Relating to the Case of Dwight Dexter

Documents Relating to the Case of Dwight Dexter Documents Relating to the Case of Dwight Dexter Exhibit A, Document 1 The Investigation into the Murder of Floyd Babb Notes from Sheriff Dodd: July 20 July 30, 1982, Eaton, Michigan July 20 I approached

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 7, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-001465-MR LAMONT ROBERTS APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE MARTIN

More information

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured Injured on the Job Your Rights under FELA Quick Facts: What To Do If Injured 1. Consult your own doctor for treatment. Give your doctor a complete history of how your injury happened. Make sure that the

More information

Personal Injury Litigation

Personal Injury Litigation Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction

More information

Petitioners' Brief. Counsel for Petitioners. FREDDIE CHRIS JENKINS, and Elisha Chastity Jenkins, Plaintiffs Below, Respondents

Petitioners' Brief. Counsel for Petitioners. FREDDIE CHRIS JENKINS, and Elisha Chastity Jenkins, Plaintiffs Below, Respondents DOCKET No. 11-0745 RON DURHAM AND RHONDA DURHAM, Petitioners v.) FREDDIE CHRIS JENKINS, and Elisha Chastity Jenkins, Plaintiffs Below, Respondents Appeal from a final order of the Circuit Court of Grant

More information

PEOPLE V. HARRY POTTER

PEOPLE V. HARRY POTTER PEOPLE V. HARRY POTTER THE COURT: Members of the jury, the defendant, Harry Potter, is charged in a one-count information which reads as follows: On or about November 23, 2008, HARRY POTTER, did unlawfully

More information

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND 33.0 ASSIGNMENT AND OF COUNSEL TO DEFEND PART I. (A) No attorney will be assigned to defend any indigent person in a criminal case unless his or her name appears on one of the approved trial counsel lists

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

State v. Melk, 543 N.W.2d 297 (Iowa App., 1995)

State v. Melk, 543 N.W.2d 297 (Iowa App., 1995) Page 297 543 N.W.2d 297 STATE of Iowa, Appellee, v. Daniel John MELK, Appellant. No. 94-277. Court of Appeals of Iowa. Nov. 27, 1995. David E. Brown of Hayek, Hayek, Brown & Engh, L.L.P., Iowa City, and

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. ALI BOSTON Appellant No. 549 EDA 2012 Appeal from the PCRA Order

More information

Please Step Out of The Car

Please Step Out of The Car Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com

More information

I N T H E COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res

More information

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant.

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. STATE OF MINNESOTA IN COURT OF APPEALS A10-1884 State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. Filed January 3, 2012 Affirmed Kalitowski, Judge Hennepin County District Court File No.

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

MODEL JURY SELECTION QUESTIONS

MODEL JURY SELECTION QUESTIONS MODEL JURY SELECTION QUESTIONS Standard Jury Voir Dire Civil [] 1. In order to be qualified under New Jersey law to serve on a jury, a person must have certain qualifying characteristics. A juror must

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION. IN RE: JEANENE S. LITTLER : Case No. V2004-60172

IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION. IN RE: JEANENE S. LITTLER : Case No. V2004-60172 [Cite as In re Littler, 2004-Ohio-4612.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION IN RE: JEANENE S. LITTLER : Case No. V2004-60172 LLOYD L. LITTLER : OPINION OF A THREE- COMMISSIONER PANEL

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 24, 2011

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 24, 2011 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 24, 2011 STATE OF TENNESSEE v. SHAWN DALE OWNBY Direct Appeal from the Circuit Court for Sevier County No. 14548-III Rex

More information

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests.

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 97-4113

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 97-4113 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 97-4113 RICHARD HUGH WHITTLE, Defendant-Appellant. Appeal from the United States District

More information

I am the attorney who has been appointed by the Sixth District Court of Appeal to represent you on your appeal.

I am the attorney who has been appointed by the Sixth District Court of Appeal to represent you on your appeal. [Date] [client name and address] Re: Your appeal Dear Mr./Ms. : I am the attorney who has been appointed by the Sixth District Court of Appeal to represent you on your appeal. An appeal is limited to matters

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2395/13

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2395/13 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2395/13 BEFORE: A.G. Baker: Vice-Chair HEARING: December 27, 2013 at Toronto Written DATE OF DECISION: May 9, 2014 NEUTRAL CITATION: 2014 ONWSIAT

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

CRIMINAL COURT IN MINNESOTA: Understanding the Process so You can Sleep at Night

CRIMINAL COURT IN MINNESOTA: Understanding the Process so You can Sleep at Night RYAN PACYGA CRIMINAL DEFENSE 333 South 7 th Street, Suite 2850 Minneapolis, MN 55402 612-339-5844 www.arrestedmn.com More information on the YouTube channel Ryan Pacyga CRIMINAL COURT IN MINNESOTA: Understanding

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT. For defendant-appellant: : : DATE OF ANNOUNCEMENT OF DECISION : MAY 25, 2006

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT. For defendant-appellant: : : DATE OF ANNOUNCEMENT OF DECISION : MAY 25, 2006 [Cite as State v. Ellington, 2006-Ohio-2595.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 86803 STATE OF OHIO JOURNAL ENTRY Plaintiff-Appellee AND vs. OPINION DAVID ELLINGTON, JR.

More information

Court of Appeals of Ohio

Court of Appeals of Ohio [Cite as Cleveland v. Tisdale, 2015-Ohio-1017.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 101376 CITY OF CLEVELAND PLAINTIFF-APPELLEE vs. VENIS

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

- against - ORDER OF THE COURT E.C., INDICTMENT NUMBER: QN10525-2002 APPEARANCE OF COUNSEL

- against - ORDER OF THE COURT E.C., INDICTMENT NUMBER: QN10525-2002 APPEARANCE OF COUNSEL SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY CRIMINAL TERM PART L-4 --------------------------------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK - against - ORDER OF THE

More information