Monthly Archives: March 2022

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 →