Category Archives: General

Circuit court was not required to believe that any non-verbal communication between a juror and a spectator addressed, or affected the juror’s view, of the action’s merits. Statutes address evidence from mentally incapacitated persons. One statute provides that such a … Continue reading →

One statute, governing procedure in non-judicial foreclosure, provides for notice by publication in “a newspaper of general circulation” as further defined. Another statute “allows a circuit court to establish procedures for newspapers seeking to be qualified, but does not require … Continue reading →

Statutes provide that the elements of a claim for employment security benefits include availability for work. Negating that element was appellant’s request of her employer not to schedule her for work during the COVID pandemic. “[L]imitations on the hours and days … Continue reading →

A new statute bars prosecution for drug possession when defendant overdoses on a controlled substance and calls for medical help. That statute applies to events occurring before the statute’s effective date. Savings statute, preserving pre-amendment statutes for prosecution despite amendments, … Continue reading →

Confrontation Clauses protect the right of an accused, including a juvenile, to confront State’s witnesses face-to-face. Orders of the Supreme Court and circuit court, addressing procedure during COVID-19 pandemic, barred in-person appearances only as otherwise allowed by law. Those provisions … Continue reading →

In a criminal action, the erroneous exclusion of State’s evidence supports mandamus, because double jeopardy bars re-trial. The circuit court barred from evidence a recording of incriminating statements made during an attorney-client meeting. But, when defendant disclosed that recording to … Continue reading →

An instruction is due on request when substantial evidence supports it even where there is contrary evidence. Statutes allowed appellant to use deadly force if appellant “reasonably believe[d] that such deadly force [was] necessary to protect himself … against … … Continue reading →

Petra Gomez and her co-conspirator, her sister, Jakeline Lumucso, were sentenced to eight and four years in federal prison, respectively. They operated a tax preparation business with five locations in central Florida that filed more than 16,000 false tax returns … Continue reading →

A Lee’s Summit, Missouri, man has pleaded guilty in federal court to leading an arson and insurance fraud conspiracy and to illegally possessing firearms. Wandale J. Fulton, 40, pleaded guilty on Thursday, Jan. 27, to one count of conspiracy to … Continue reading →

Jeff Carpoff, the owner of California-based DC Solar, was sentenced to 30 years in federal prison and forfeited $120 million in assets to the U.S. government for victim restitution after creating a Ponzi-scheme that involved the sale of thousands of … Continue reading →