Pursuant to Rule 59.04, Husband argues that the Court should alter or amend the Final Decree of Divorce concerning the following issues: (1) imputation of income to Husband; and (2) the Permanent Parenting Plan. The Court finds these requests are devoid of merit. The purpose of a Rule 59.04 motion to alter or amend a judgement is to provide the trial court with an opportunity to correct errors before the judgement becomes final. In re M.L.D., 182 S.W.3d 890, 895 (Tenn. Ct. App. 2005) (citing…
appealed the court gave custody of both children to the defendant. Procedural History The Plaintiff, Savitri, filed a complaint that Rajendra negligently and intentionally inflicted emotional distress. She alleged that he used his psychiatric training in order to manipulate and brainwash the children into hating her. The defendant then made a motion for summary disposition, which the court granted. The court found the claim to be barred by res judicata. The plaintiff then claimed that by the…
(Brody and Acker, 2010). The criminal charges were heard by a judge and jury where Mr. Evans gained a criminal conviction for the charges that he faced in the trial. The criminal conviction of Mr. Evans lead to his appeal to the State of Iowa Appeals court to evaluate the case as it relates to the state statute for harassment and stalking (Brody and Acker, 2010). When at trial the prosecutor was able to show that the harassment of Ms. Arnold started when the two meet in college during the year…
the trial court to only address the State's hearsay challenge. In regards to the court disagreeing with Primeaux they explained "if statements made by Davis caused another person to take specific actions, those statements might be admissible, to show 'the motivation of why someone acted as they did'". Hence, the jury would in their opinion have to deal with the facts brought upfront and "wrestle with, but they are entitled to know that" in regards to Davis' statements. The trial court also shed…
intended to murder her and it occurred as he attempted to discharge a loaded gun. There were two appeals made to the Court of Appeal by Mr. Kalajzich, which was an appeal against his conviction, and the other an appeal for special leave. Both appeals were dismissed/refused by the Court. In addition, two appeals made to the Court of Appeal Mr. Kalajzich applied to the Supreme Court under section 474 of the Crimes Act 1900 (NSW) was also refused. Additionally, witnesses have appealed and want…
specific types of prejudices discovered in the case: interest, specific, generic and conformity (R. v. Williams, [1998] 1 S.C.R. 1128. 31. Supreme Court. 04 June 1998. Print). Interest prejudice is when jurors have a direct part in the trial because of their relationship with the defendant or victim (R. v. Williams, [1998] 1 S.C.R. 1128. 31. Supreme Court. 04 June 1998. Print). Specific prejudice is attitudes or beliefs about a specific case which can influence a juror who does not know whether…
Judges’ Opinions about Adjudicative Competence” (Cox, 2012). The author focus on this research is to investigate whether the defendant’s ages and levels of psychosocial maturity would affect judge’s ratings of juveniles in a juvenile and criminal court (Cox, 2012). The method they use on this research they mail 48 judges from 25 states. The cases in which a state did not have more than 48 judges, all judges were recruited for participation (Cox, 2012). There was 342 participants 73.4% were men…
Our criminal system is designed to allow persons accused of a crime to defend themselves against accusations in a court of law. Convictions often depend on evidence, testimony, and the perception of a judge or jury to determine guilt and innocence. At the end of a criminal trial, a verdict of guilt or no-guilt is usually entered and the proceedings come to a close. If a person feels that he or she has been wrongly convicted of a crime, they may be able to appeal the conviction and take the trial…
Jail overcrowding poses a problem for American society. Non-violent criminals, such as child support offenders and traffic violators who cannot get a speedy court date live for free in our jails while the tax payers support them. Others believe that these criminals belong in jail despite overcrowding. Although Glenn E. Martin, Marc A. Levin, Nicholas Turner, Julia M. Stasch, Malcolm M. Feeley and Kent Scheidegger differ on their opinions of overcrowded jails, they each share concerns about the…
I will be discussing Japan’s criminal justice system. I will be addressing the law enforcement, courts, and correction workings of their criminal justice system. I chose Japan because I believed that it would be interesting to learn more about how their criminal justice system works. It is important to look at other countries criminal justice systems so that we can compare them to our own to see if we need to make improvements or if we can help to improve others. Japan 's legal system is based…