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Tag Archives: Judge Richard Y. AtLee Jr.

Fraud pleading insufficient to set aside divorce decree (access required)

The circuit court correctly concluded that it lacked power to grant equitable relief despite appellant’s pleading that the separation agreement was unconscionable and procured by fraud. Background Stephanie Shobe filed for divorce after a 10-year marriage to Steve Gilman, the ...

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Jury correctly instructed on aggravated malicious wounding (access required)

In this aggravated malicious wounding case, the jury was correctly instructed that a defendant’s heat of passion defense must arise from the victim’s provocation rather than being provoked by someone else. Further, there was sufficient evidence of malice to support ...

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Suppression ruling reversed based on good faith exception (access required)

The trial court incorrectly suppressed evidence seized from appellant’s home during the execution of a search warrant because, after finding the warrant deficient, the court should have admitted the evidence under the good faith exception to the exclusionary rule. Overview ...

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Child witness was competent to testify (access required)

A child witness, appellant’s daughter, was properly found competent to testify that appellant murdered his grandfather (the child’s great-grandfather). Appellant’s confrontation rights were not violated when the child’s statements to a forensic interviewer and the child’s foster parent were admitted ...

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