Quantcast
Home / Opinion Digests (page 3581) /

Opinion Digests

Civil Rights (access required)

Execution Of Search Warrant Although plaintiffs, who were not named in a search warrant but were personally searched during execution of the warrant, contend that defendant police officers violated their Fourth Amendment rights by obtaining and executing a “no-knock” search ...

Read More »

Employment Discrimination – Race & Sex – Title VII – Discriminatory Discipline (access required)

Although plaintiff contends her employer, a continuing education accrediting council, differentially disciplined her when it fired her for engaging in outside consulting work that posed a conflict of interest, the district court concludes that plaintiff has failed to prove that ...

Read More »

Bankruptcy – Spendthrift Trust – Debtor's Contingent Remainder Interest – Settlors' Intent (access required)

Although the chapter 7 debtor has a contingent remainder interest in the corpus of two testamentary spendthrift trusts established by his grandparents, and may be entitled to a distribution of corpus when conditions precedent to termination of the trusts are ...

Read More »

Bankruptcy – Civil Practice – Dischargeability – Debt From DUI – Intoxication – Collateral Estoppel (access required)

Although the creditor, who was a passenger in the car debtor drove into a locomotive, obtained a judgment against debtor which included a finding based on discovery admissions, that debtor was under the influence of alcohol or narcotics at the ...

Read More »

Wills & Trusts – Partial Revocation – Handwritten Changes (access required)

Where the testator altered his typewritten will, prepared by a lawyer and properly executed, by marking handwritten lines through several provisions leaving property to his heirs, and wrote the word “delete” with his initials and the date alongside the lineations, ...

Read More »

Creditor's Rights – Detinue – Pretrial Seizure Of Personal Property (access required)

Where the sheriff refused to enforce pretrial detinue seizure orders by breaking into the debtor’s home to seize the property in question, the trial court erred in issuing a writ of mandamus ordering the sheriff to take this enforcement action ...

Read More »

Criminal (309628) (access required)

Exculpatory Evidence Where the appellate court en banc vacated a conviction and remanded a case for the trial court to review an exculpatory statement that the prosecutor did not disclose to defense counsel, but the trial court determined that the ...

Read More »

Criminal – Aggravated Sexual Battery – Minor's Testimony – Sufficiency (access required)

Where the 11-year-old foster daughter of defendant’s wife testified that she made a prompt complaint about defendant’s molestation the morning after it occurred and also told her foster brother later the same day, and the foster mother and her son ...

Read More »

Search & Seizure – Knock & Announce Rule – Exigent Circumstances (access required)

The trial court did not err in denying defendant’s motion to suppress evidence, based on the alleged unconstitutionality of the officers’ no-knock entry to execute a warrant to search an apartment occupied by defendant’s girlfriend. Regardless of whether the evidence ...

Read More »

Domestic Relations – Legal Guardianship – Custodial Grandparents – Health Insurance Benefits (access required)

Where the child’s maternal grandparents, who already have legal custody of the child, seek appointment as the child’s legal guardians in order for the child to be covered under their health insurance plan, the chancellor, who denied the petition for ...

Read More »