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The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.
3-4-2002 - Opinions
This is an appeal of the magistrate's acceptance of bond forfeiture as the final disposition in actions alleging violations of a county ordinance.
This is an action by a governmental entity seeking temporary injunctive relief for alleged violations of the Sexually Oriented Businesses Ordinance.
This case discusses the applicable statute of limitations in a wrongful death action based on overprescription of drugs, and whether actual damages should be reduced when punitive damages are awarded by a jury.
This is an action seeking damages attributed to the rezoning of property from multi-family residential use to single-family residential use.
3-11-2002 - Opinions
The trial court refused to consider Cobb's distribution conviction as an accomodation sale because there was evidence Cobb received a benefit from the furnishing of the marijuana to the victim.
3-14-2002 - Opinions
Reversing probation revocation because trial court's order to "get treatment for problem" was insufficient to notify defendant of conditions of probation.
3-18-2002 - Opinions
Statute prohibiting the discharge of a firearm into an occupied structure is broad enough to cover situations when a person, while inside an occupied structure, discharges a weapon into the structure.
3-25-2002 - Opinions
This case discusses mootness, bid requirements, and entitlement to homestead exemption in the context of a judicial sale.
This opinion discusses the timeliness of a motion for sanctions under the Frivolous Proceedings Sanctions Act.
This legal malpractice case is analyzed under the penumbra of a summary judment motion. The unusual facet of the legal analysis involves the applicable standard of care, i.e., the plaintiff "most probably" would have been successful in the underlying suit if the attorney had not committed the alleged malpractice.
In this criminal action, the court discusses the admissibility of an exculpatory statement when the defendant is available to testify.
An unusual factual and legal scenario is encapsulated in Burton in regard to the application of the Terry v. Ohio doctrine.
The King Court evaluates three recurring issues in the criminal venue: (1) validity of search warrant; (2) evidence of prior drug activity; and (3) solicitor's closing argument. The search warrant in King is reviewed with some degree of certitude as to the verbiage and accuracy of the statements. The prior drug activity evidence is unusual in that approximately 20 occasions of prior drug activity is referenced by a state witness. The unusual feature of the solicitor's closing argument is the evidence was characterized as
This case involves the issue of whether 20 U.S.C.A. § 1095a (West 2000), which authorizes a student loan guaranty agency to bring an action for damages against the employer of an employee in default on her student loan due to the employer's failure to garnish the employee's wages, is applicable where the employer is a state agency.
This is an appeal from the denial of a Rule 60(b)(4) motion to set aside an order of dismissal on the grounds that the order was void rather than voidable.
3-29-2002 - Opinions
Jerry Rosemond appeals his conviction for strong arm robbery. Rosemond did not brandish a weapon; however, testimony revealed he was meanacing in demeanor and violently slammed a cash register to the ground to obtain the money within. The Court of Appea