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Tag Archives: Judge Clifford L. Athey Jr.

Insufficient evidence of financial exploitation (access required)

Appellant’s conviction for financially exploiting an incapacitated adult is reversed because the evidence presented to show mental incapacity with respect to health care matters cannot, by itself, be used to establish mental incapacity for financial matters. The conviction of abuse ...

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Appellant had contemporaneous communication with counsel (access required)

Where appellant’s daughter testified against him at his rape trial via closed-circuit television, the technology provided satisfied the relevant statute’s requirement to provide him “contemporaneous communication” with his counsel. In the trial court Appellant Ruff was accused and convicted of ...

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Exigent circumstances justified warrantless cell phone ping (access required)

Where appellant ran over his sister with her vehicle and fled the scene, exigent circumstances justified the police asking appellant’s cell phone carrier to provide real-time cell site location information (CSLI) about his phone without first obtaining a warrant. Hit ...

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