Angelique Lavallee was a 21 year-old woman, who was charged with murder after shooting her spouse in the back of the head while he was leaving the bedroom. Kevin Rust, her spouse, had threatened to kill her that night and loaded the gun for her. But instead Ms. Lavallee ending up shooting him that night with the intentions of missing. The psychiatric, Dr. Shane, did an assessment stated her as being terrorized by her partner such as physical, sexual, emotional and verbal abusive. Therefore, in…
On the day of Friday October 21st, 2016, at the scene of Mays Landing Court House inside the Criminal Division court room, the Honorable Judge Damon G. Tyner, JSC presided. Throughout the day Judge Tyner observed both sentencing as well as motion cases. Before arriving to the court house I reflected on my expectations; I was expecting to see this large courtroom with ten to twelve rows and massive windows. I expected to hear no talking while the Judge spoke, I also expected most to be dressed…
increasingly limited after a sale has occurred. Indeed, “[a]fter [a foreclosure] sale, the borrower is ordinarily limited to raising procedural irregularities in the conduct of the sale.” Thomas v. Nadel, 427 Md. 441, 442-43 (2012) (holding that a trial court may sustain “exceptions to the foreclosure sale on the ground that the deed of trust securing the consolidation loan was invalid.”). Procedural irregularities that may be raised via post-sale exceptions are generally limited to issues…
Issue: Under Florida law, can a cause of action for conversion be brought when an individual unlawfully takes property owned by the true owner, even if the property has no actual value? Rule: A cause of action may be brought when an act of dominion has been wrongfully asserted over another 's property inconsistent with his ownership, even if the specific property converted has no actual value. In the precedent case Warshall v. Price, Appellant, Dr. Steven Warshall, began a private practice in…
presented to the trial court. Caldwell acknowledges that the issue as to whether the evidence is sufficient to sustain his conviction was not raised before the trial court. Nevertheless, Caldwell asserts that we should engage in plain error review and reverse the conviction. Alternatively, Caldwell contends that review of this sufficiency claim is proper because Caldwell’s trial counsel was ineffective for failing to challenge the sufficiency of the evidence before the trial court. We hold…
restraining order sought pursuant to the DVPA for a lack of subject matter jurisdiction. The appeal asserted the trial court erred in finding there was no dating relationship between Oriola and the respondent, hereon Thaler. The appellate court affirmed the trial court’s ruling, based on Oriola’s pleadings and statements, that it lacked subject matter jurisdiction. The appellate court concluded a “dating relationship” had not been established since: the parties went on four social outings; were…
McKichan v. St. Louis Hockey Club, L.P was a 1998 personal injury case that made its way up to the Missouri Court of Appeals. The incident in question occurred on December 15, 1990 during a minor league hockey game between the Peoria Rivermen and the Milwaukee Admirals in Peoria, Illinois. The Peoria Rivermen is a subsidiary club of the defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was…
conviction of Bribery, Treason, and or other high misconducts and misbehaviors. 2. Trial courts apply law to the fact of a given case, as to where appellate courts examine whether the law has been applied correctly in a trial court case. Facts of the case are presented and the panel of adjudicators and juries make logic of how proofs recount to law and take both law and example into explanation fall under a trial court. Cases are only overheard for the first time, and only affect the people…
regarding the structures of both civil and criminal courts. Sam’s actions have ultimately resulted in the injuries of the other driver and damage to the vehicle. Police were called to the scene where an arrest of Sam was made and a charge of dangerous driving was positioned. The injured driver has the intent to sue Sam in negligence for the damages to the vehicle and the personal injuries gained from the incident. Criminal The Criminal courts deal with criminal matters. Summary, indictable…
Magistrate courts are lower courts in the hierarchy of courts in England and Wales where all criminal proceedings starts. Some civil matters such as family proceedings are also dealt with by the Magistrates court. While the Magistrate court has limited sentencing powers, more serious crimes such as rape and murder cases are passed on to the Crown court which has more sentencing powers and wide range of punishments. Appeals on cases decided by the crown courts usually go to a high court, court of…