Elder Justice Prosecutor Samples

Alleges: Count I - declaratory and injunctive relief; Count II - unjust enrichment; Count III - money had and received; Count IV - violation of Virginia Consumer Protection Act; Count V - violation of Texas Deceptive Trade Practices Act

Argues Court must reverse order granting motion because trial court ignored evidence of material fact as to whether Motor Carrier Act's statutory exemption applies to a vehicle not designed or used exclusively to transport elderly or disabled passengers

Count I - corporate negligence; Count II - negligence; Count III - statutory cause of action pursuant to long-term care facility residents' bill of rights; Count IV - medical malpractice; Count V - fraud; Count VI - wrongful death

Argues Court must affirm probate court's conclusions because appellant failed to make prima facie case and exercised undue influence

Alleges intentional malicious filing of elder abuse complaint. Requests punitive damages (2013)

Count I - professional negligence/legal malpractice; Count II - ordinary negligence; Count III - reckless, willful, wanton, oppressive and/or intentional fiduciary violations; Count IV - fraud; Count V - bad faith

Argues Court must reverse orders, reports and judgments, and remand case to trial court because: trial court abused its discretion; trial court appointed and required parties to appear before a special master; special master shifted his obligations to the parties; special master failed to apply correct legal standard; special master granted defendant's summary judgment motion; special master denied plaintiffs' motions without considering, addressing or ruling on the arguments; special master awarded his fees without notice or hearing; trial court approved special master's compensation; trial court entered a temporary restraining order after recusal

Count I - false light; Count II - breach of duty; Count III - slander; Count IV - libel; Count V - intentional infliction of emotional distress; Count VI - punitive damages

Argues decedent changed will believing appellee would keep property but her consideration to sell a portion prior to his death confims that she did not intend to preserve its integrity

Argues Court must void trial court judgment, dismiss complaint and instruct trial court to issue orders correcting real property records for compensation because: trial court lacked jurisdiction; trial court failed to provide rulings; complaint failed to state a claim upon which relief could be granted

1-attorneys identified; 2-five to six trial days; 3-motions in limine and briefs filed as necessary; 4-jury qualifications; 5-parties identified; 6-plaintiff's brief, case outline and contentions; 7-defendants' brief, case outline and contentions; 8-issues; 9-negligence specifications; 10-contract terms; 11-damages; 12-affidavits required; 13-stipulated facts; 14-documentary and physical evidence tendered at trial; 15-authorities relied upon by plaintiff; 16-authorities relied upon by defendants; 17-change requests; 18-deposition testimony; 19-witness lists; 20-verdicts' form; 21-other matters

Requests Court reverse trial court appellants' general and special demurrers and plea in bar denial because: statute of limitations on theft counts expired; state failed to allege two RICO predicate acts within statute of limitations

Alleges: negligence; breach of care; wrongful death. Requests: medical expenses; funeral expenses; attorney fees; costs; punitive damages (2011)

Count I - negligence per se; Count II - violation of long-term care facility residents' rights; Count III - violation of personal care home regulations; Count IV - general negligence; Count V - professional negligence; Count VI - breach of contract; Count VII - wrongful death; Count VIII estate's tort claims; Count IX - imputed liability; Count X - unfair or deceptive practices toward elderly; Count XI - willful and wanton conduct; Count XII - piercing corporate veil; Count XIII - joint enterprise; Count XIV - private right of action under Medicare Secondary Payer Act

Argues Court must reverse trial court's grant of summary judgment, void purported tax sale, dismiss claims with prejudice and enjoin defendant from any claim to property ownership because: 2008 ejectment action was barred by plaintiff's bankruptcy; trial court erred basing summary judgment on 2004 lawsuit; trial court erred by not construing plaintiff's defenses as motion to set aside prior judgment; purported tax sale must be set aside; plaintiff regained purportedly lost title; trial court erred in denying discovery to plaintiff

Agrgues Court must affirm conviction because: trial counsel could have had an independent DNA analysis; trial counsel operated under a conflict of interest; trial counsel failed to move for mistrial during closing arguments; trial counsel failed to request jury change; trial counsel failed to make objections; similar transactions were properly admitted; court did not err in refusing to strike two venire panel jurors; sufficient evidence was presented; chain of custody was established for letter written by victim

Requests Court reverse trial court Appellants' General and Special Demurrers and Plea In Bar because: statute of limitations barred substantive counts of indictment; two Racketeering Acts that occurred within five years of indictment were invalid and subject to demurrer; theft victim is a corporation; "over-65 year old victim" classification lacks rational basis

Count I - medical and funeral expenses, punishment to penalize and deter conduct; Count II - compensatory and punitive damages in excess of ten thousand dollars, costs, attorney fees; Count III - damages for full value of the life, costs, attorney's fees; Count IV - medical expenses, compensatory damages; Count V - damages for full value of lfe in amount determined by jury, costs, attorney's fees

Alleges fraud and deceptive trade practices against elder person; demands Court issue temporary restraining order and/or issue permanent injunction against debt collection actions including attempts to foreclose under revoked power of sale/attorney

Alleges breach of contract and breach of fiduciary duty; requests judgment with costs and fees taxed against defendant

Recommends Court: grant motion; instruct jury as to factual matters established as matter of law by criminal conviction; enter judgment against defendants jointly and severally

Argues Court must affirm convictions and sentences because defendant has not demonstrated her: trial counsel performed inadequately; psychological reports reached incorrect conclusions; mental condition would be a significant factor at a new trial

Requests Court stike statute of limitations in this case because there is no rational basis to believe the time in which to prosecute an individual for an offense should be greater when the alleged victim is over 65 years of age

Requests Court charge: similar or connected offenses or transactions; RICO; RICO requirements; fraudulent security sale practices; unregistered security sale; security instrument test; security investment contract; security exemptions; security commissioner's certificates; theft; theft by conversion; deprivation; property theft; elder exploitation; testimony conflicts; expert witness; witness immunity or leniency; intent; parties to crime; principal, failure to prosecute; conspiract (culpability); parties' conduct; statute of limitations; RICO statute of limitations; tolling; elderly victim tolling; extension of limitations period; burden of proof; venue; RICO venue; violations of Georgia Securities Act; theft venue

Requests Court dismiss counts two, seven, eight, nine, ten, eleven, twelve, thirteen, fifteen, sixteen, seventeen, eighteen, twenty and twenty-one of indictment because evidence does not conform to state law