Elder Justice Prosecutor Samples
Argues Court must reverse trial court's decision and remand because: trial court received hearsay evidence; trial court ignored requirement for independent advice; trail court admitted spoliated evidence
Argues Court must affirm district court's verdict because: evidence supported conviction; evidence supported mistreatment of dependent adult; court did not err not limiting jury instruction; instructing jury only to determine guilt was not an error; prosecutor did not commit misconduct; using criminal history did not violate defendant's right to jury trial
Requests Court enjoin defendant from engaging in unlawful employment practices due to wrongful termination and termination against public policy in retaliation for plaintiff's reporting suspected elder abuse, neglect and exploitation (2008)
Requests Court grant 67 year old woman excess sum, costs and attorneys' fees for negligence, negligent infliction of emotional distress, false imprisonment and false arrest (2008)
Argues Court must reverse circuit court's dismissal and remand with instructions to enter judgment for council to receive all responsive documents because cabinet's confidentiality arguments were procedurally improper and legally flawed
Argues Court must affirm judgment because: requested information is shielded from public disclosure; Adult Protection Act allows Cabinet disclosure discretion; Adult Protection Act shields information derived from investigations of alleged adult abuse, neglect, or exploitation; categorically redacted medical records and law enforcement information complies with Council's request; Cabinet is not an agency
Argues Court must remand with directions for oral argument because: plaintiff has made a statutory cause of action; applicable statute of limitations is five years; Kentucky's Long Term Care Facility Residents' Rights statute sets a cause of action for vindication; statute extends to more than facility license holders
Argues Court must reverse circuit court's ruling because Commonwealth improperly diverted Medicaid funds for services outside Kentucky Medicaid regulations, State Plan, and MCO Contract
Argues Court must affirm circuit court's decision and reverse its standard of review because MCO Contract, State Plan and Medicaid regulatrions place no locational restriction on preventive health services
Argues Court must reverse Court of Appeals and affirm conviction because: Court of Appeals has stripped Attorney General's authority to conduct investigations into internet scams, elder abuse and cyber-crimes; General Assembly has not limited Attorney General's inherent authority; it is improper for Court of Appeals to remand for another hearing
Argues Court must reverse trial court's judgment and remand with instructions or, in the alternative, grant a new trial because: trail court erred not entering a directed judgment; trail court erred not directing verdict damages; trail court erroneously instructed jury; trail court erred permitting jury to consider matters not at issue
Recommends Court consider as foreseeable legal and factual issues: negligence, gross negligence, wantonness, abuse, caretaker neglect, injury concealment, rights and safety indifference, failure to report injury, inadequate staff training, improper patient care, punitive damages, wrongful conduct punishment, breach of long term residents' rights statute, breach of facility duties, breach of long term care facility regulations, failure to take corrective action for verified violation
Argues Court must review Court of Appeals' opinion because: circuit court lacks jurisdiction; arbitration is unenforceable; Court of Appeals substitutes its judgment for that of trial court; Arbitration Agreement terms are illusory; Arbitration Agreement breach's fiduciary obligation; beneficiaries cannot be bound by Arbitration Agreement
Argues Court must reverse Court of Appeals because: Agreement requires arbitration by National Arbitration Forum; executrix lacked authority to waive rights; as applied to injury and wrongful death claims, Arbitration Agreement is contrary to public policy
Argues Court must affirm circuit court's order or, in rthe alternative, remand with instructions for arbitration issue discovery because: plaintiffs failed to provide valid arbitration agreement; guardianship authority was non-delegable; incapacitated adult's parents lacked authority to grant agency power; power-of-attorney did not include contracts not intrinsic to admissions; apparent authority failed as actual authority
Argues Court must affirm judgment because: neither circuit court nor cabinet violated regulations; court correctly determined patient denying Medicaid benefits cannot continue to reside in nursing home without payment; court correctly determined nursing home provided preparation and orientation for discharge
Argues Court must reverse decisions and order nursing home not to discharge resident because: no notice of discharge can be issued until Medicaid issues final order; no notice of discharge can be issued until nursing home determines discharge location; notice of discharge must be delivered to nursing home resident
Argues Court must set aside conviction without remand and without evidentiary hearing because: due process was violated; overt guilty plea was involuntary; charges of elder exploitation, theft and criminal neglect were materially false; plaintiff received ineffective assistance of counsel
Argues Court must set aside criminal conviction and judgment because: nine of twelve counts repeat third count; plaintiff was never validly charged with elder abuse/neglect, exploitation and theft offenses; theories behind prosecution were invalid; circuit court denied evidentiary hearing
Argues Court must remand because: trail court failed to direct verdict in defendant's favor; all material elements were conceded or proven; trial court excluded concept of manufacturer's suggested retail price
Argues Court must vacate convictions and sentence and remand or, in the alternative, grant appropriate relief because: detective's testimony was inadmissible; adult exploitation evidence was insufficient; defendant was unable to confront witness
Argues Court must affirm court of appeal's opinion because: contract could not be founded on assignment or conveyance of expected inheritance; offer was insufficient to form binding contract; agreement violated frauds statute; trial court's jury instructions were erroneous
Argues Court must affirm trial court's judgment because: trial court did not commit reversible error or abuse discretion; plaintiff failed to pay decedent's debts with annuity funds; plaintiff's retention of annuity funds was contrary to decedent's intent
Requests Court deny summary judgement and alternative motion because: motions are premature; discovery is ongoing; issues of material fact as to punitive damages remain
Alleges: negligence, medical negligence, corporate negligence and violations of long term care resident's rights against nursing home defendants; negligence against Karen Langston, as administrator; wrongful death, loss of spousal consortium and damages against all defendants