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Case Update

We're still on standby for US Supreme Court decisions; if any come out today, we'll have something on them later this week.  Down in Columbus, the Ohio Seven affirmed a 134-year prison sentence for a home robber, but there was an interesting concurrence; we'll talk about that tomorrow.  There were also no fewer than three decisions on UM/UIM coverage, here, here, and here.  There was a point a year or so ago when I told myself I would someday wade into that thicket, but that day hasn't come, and to tell you the truth, it's not getting any nearer. 

As for the courts of appeals, not much going on, apparently in anticipation of the holiday weekend; no opinions from the 8th District, for example.  What did come down...

Civil.  1st District reverses grant of summary judgment agaiinst woman who fell when she sat down on bench in doctor's office, says that notice of defect in bench isn't necessary in negligence suit when defendant or its agent constructed bench... 10th District upholds award of $77,000 in sanctions against attorneys for frivolous conduct; suit was filed (twice), with no evidentiary basis... 3rd District notes that plaintiff who rescinds contract under Consumer Sales Practices Act not entitled to damages, too...

Criminal.  Where defendant shot two people, felonious assault under causing serious physical harm and felonious assault under causing physical harm with deadly weapon should have merged, says 1st District; also holds that aggravated robbery with a gun and robbery while "attempting to inflict physical harm" merge, too... Trial court didn't err in not declaring mistrial after co-defendant entered plea, where jury wasn't told of plea, says 6th District... 10th District holds that counsel's telling defendant he would be eligible for judicial release, when he wouldn't be, doesn't require vacating plea... 12th District says that BCI lab report on drugs not testimonial under Crawford... 9th District says that if conviction is not against the manifest weight of the evidence, it's necessarily supported by sufficient evidence...

If a husband and wife get divorced in Tennessee, are they still brother and sister?  If you're charged with attempted rape for going into your niece's room at 4:00 AM, undressing her, and starting to fondle her, it's probably not a good idea to do what the defendant did in State v. Thompson:

During the investigation, appellant spontaneously volunteered to one of the responding officers that he did not understand why a big deal was being made since the girl was 13, and he could take her to Kentucky or Tennessee and marry her.

The girl was actually 11.  Somehow, I don't think that would have made a difference.  "Hey, 13, that's one thing.  But 11?  What do you think I am, a pervert?"

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