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Publication Date: 2019-10-28
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1259
The trial court did not abuse its discretion in finding the victim's teenage son competent to testify as a witness since the issue of whether he had the ability to correctly recall the events at issue was a question of credibility for the jury. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-10-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1202
Motion to suppress correctly denied where police had probable cause to arrest defendant as a suspect in an unrelated crime and therefore could search defendant incident to the arrest. Judgment of sentence affirmed.
Publication Date: 2019-09-23
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1110
Defendant failed to demonstrate that his untimely Post Conviction Relief Act petition was subject to the governmental interference exception to the timeliness requirements since the purported plea agreement he relied upon and sought to enforce had already been declared void by the state's high court. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-09-23
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1108
In this criminal case involving drug-related charges, the trial court did not err in denying defendant's request to strike for cause a juror whose close friend had recently died of a drug overdose but said she remained a fair and impartial juror, as the trial judge was in the best position to assess the juror's credibility and fitness to serve. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-09-09
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1055
The trial court did not abuse its discretion by refusing to excuse a juror during defendant's trial as the record supported the court's credibility determination that this juror expressed no racial bias toward the defendant when she commented about the existence of a jury of his peers. The appellate court affirmed defendant's judgment of sentence.
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Authors: Rosemary Alito
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Publication Date: 2019-08-19
Practice Area: Personal Injury
Industry: Construction
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0979
Appellants appealed the jury finding and award of damages in favor of plaintiff in plaintiff's action arising from a vehicle collision and the court found trial court properly held that workers' compensation was not a collateral source, the admission of evidence of plaintiff's compromise and release with regard to his workers' compensation claim was not reversible error and plaintiff's vocational expert did not testify outside the scope of her report. Affirmed.
Publication Date: 2019-08-12
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0953
Juvenile appealed the dispositional order and court found juvenile court properly declined to sequester mother of victim during victim's testimony in a rape and strangulation case because appellant had not named mother as a witness and trial court properly exercised its discretion in ruling on appellant's weight of the evidence claim. Affirmed.
Publication Date: 2019-07-15
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0804
The trial court did not err in denying defendant's motion to dismiss based on rule 600 as the court properly found that the delay in bringing defendant to trial was caused in part by his own request for a continuance and by the trial court's congested docket. The appellate court affirmed.
Publication Date: 2019-07-15
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0812
Trial court erred in piercing Rape Shield Law to permit evidence of prior sexual relationship between victim and defendant's stepson where such evidence was not relevant to show their bias or motivation to lie or seek retribution against defendant. Order of the trial court reversed.
Publication Date: 2019-07-08
Practice Area: Discovery | Personal Injury
Industry: Chemicals and Materials | Legal Services
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0776
Trial court erred in ordering production of defendant's corporate counsel's interview notes of 16 potential employee fact witnesses, in plaintiff's personal injury action, because while defendant's attorney-client privilege claim failed, defendant possessed a privilege over the communications supplied at the behest of corporate counsel to assist him in advising employer in the present litigation. Order vacated.
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