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Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
Displaying 576 - 600 of 1552
Memorandum in Support of Notice of Intent to Introduce Other Acts Pursuant to KRE 404(b), 15 pgs
6

Requests Court admit defendant's prior uncharged acts because: conduct is probative to issues of defendant's intent, motive, common scheme and plan; value outweighs possible prejudice; incidents show victim's injuries not accidental

KRE 404(b), (b)(1), (b)(2) and 403

Kentucky
Notice of Motion to Take and Use Video Deposition, 1 pgs
Civil Case Pleadings & Materials

Notice that deposition of [witness] to be conducted at [place] on [date] at [time] greater than 72 hours from filing of notice

RCr 7.10(1) and 7.14(1), (2)

Kentucky
Motion to Take and Use Video Deposition, 1 pgs
Civil Case Pleadings & Materials

Requests Court authorize testimony of witness taken and preserved because witness unavailable at trial

RCr 7.10(1)

Kentucky
Affidavit in Support of Motion to Take and Use Video Deposition, 1 pgs
Civil Case Pleadings & Materials

Affirms [witness] advised Affiant [facts showing unavailability] for Court [date] and video deposition needed for trial

Kentucky
Order, 2 pgs
5

Court finds examination of [witness] shall be held on [date] at [time] at [place]. Commonwealth shall pay travel and subsistence expenses of defendant and defendant's attorney to attend. Defendant shall be kept in presence of witness during examination

RCr 7.12(1), (2), (3) and 7.18

Kentucky
Commonwealth's Motion In Limine , 9 pgs
Motions in Limine

Requests Court's permission to: call case-in-chief defendant's spouse; disallow privilege under KRE 504; admit expert testimony on issue of undue influence

KRE 504 and 504(c )(2) and 504 (c )(2)(C ) and 202.990(5) and 209.010(1)(a) and 209.030 and 209.060 and 209.090(5) and 620.050 and 702

Kentucky
Pattern Jury Instructions, 32 pgs
Civil Case Pleadings & Materials

Introductory Note; Instructions and Definitions Must be Supported by the Evidence; When to Instruct the Jury on Penalties; Definitions; Failure to Report Suspected [Abuse,] [Neglect,] [or Exploitation]; Knowing Abuse of an Adult; Wanton Abuse of an Adult; Reckless Abuse of an Adult; Knowing Exploitation of an Adult $300 or Less; Knowing Exploitation of an Adult More Than $300; Wanton Exploitation of an Adult; Wanton Exploitation of an Adult $300 or Less; Wanton Exploitation of an Adult More Than $300; Reckless Exploitation of an Adult $300 or Less; Reckless Exploitation of an Adult More Than $300; Reckless Exploitation of an Adult

KRS §209.020(2), (4), (7), (8), (9), (13), (16) and §209.030(1), (2), (3) and §209.990, §209.990(1), (2), (3), (4), (5), (6), (7) and §501.020 (1), (2), (3), (4) and §532.55 and §532.055(2), (3) and §532.060 (2)(c ), (2)(d) and §532.090(1), (2) and §534.040(2)(a), (2)(b) and §620.030(1)

Kentucky
Original Brief Submitted on Behalf of Plaintiff-Appellee, , 6 pgs
Other Materials

Argues Court must affirm judgment because: issues raised are not implicated; issues raised are not subject of judgment under review; judgment is based on factual determinations

La. Code Civ. Proc. Ann. art. 1915

Louisiana
Joint Pre-Trial Order, , 10 pgs
Other Materials

Defendants are entitled to judgment dismissing plaintiffs' claims with prejudice and return of property seized by St. Tammany Parish Sheriff's Office

La.Rev.Stat.Ann. §14:93.4(A)(1), (A)(2) and §14:93.4

Louisiana
Original Response Brief On Behalf of Plaintiff-Appellee, John Ford Dietz, , 18 pgs
Other Materials

Argues Court must affirm trial court's determinations because defendant's challenges to trial court's jurisdiction and findings of fault, conspiracy, extortion, infliction of intentional emotional distress, and defamation are neither in accord with applicable law nor supported by trail evidence

La. Civ.Code Ann. art. 1005 and art. 2323 and art. 2324 and art. 2315 and La.Rev.Stat. Ann. §13:3201 and §14:66

Louisiana
Brief on Behalf of Plaintiffs, , 21 pgs
Other Materials

Argues Court must reverse ruling and remand because trail court stated in its reasons for granting summary judgment there were issues of material fact which had to be decided by a jury during trial on the merits

La. Civ. Code Ann. art. 3110 and art. 2322 and La.Code Civ. Proc. Ann. art. 966 and art. 1917 and art. 2201

Louisiana
Original Brief On Behalf of Petitioners-Appellants, Kathry Allred Hume, et al, , 17 pgs
Other Materials

Argues Court must reverse and remand district court's judgment granting exception of prescription and dismissing defendant with prejudice because: court failed to apply contra non valentum principle; court erred granting exception based on prescription accrual date; court erroneously concluded petitioners sought legal advice within one year of decease's last treatment

La. Civ.Code Ann. art. 3492 and La. Code Civ. Proc. Ann. art. 934 and art. 2018 and La.Rev.Stat.Ann. §9:5628 and §9:5628(A), (A)(4) and §40:1299.41 et seq. and §40:1299.41(A) and §40:1299.47(A)(2)(a)

Louisiana
Appellant's Original Brief, , 19 pgs
Other Materials

Argues Court must reverse district court's judgment because: no evidence supports court's ruling Will null for failure of cause; no evidence supports court's ruling donation null for lack of cause; court erred allowing hearsay evidence; no evidence supports court's ruling undue influence; no evidence supports court's ruling Will and donation fraudulently induced; court erred denying blood or affinity relationship; court erred removing administratrix

La. Civ. Code Ann. arts. 1969 through 1970 and art. 1479 and art. 1483 and art. 1478

Louisiana
Original Brief of Appellant, Frances R. Detraz, , 6 pgs
Other Materials

Argues Court must overrule trial court's ruling and reinstate case because: court failed to grant motion to vacate; arbitration panel disregarded law on fiduciary duties

La. Civ. Code Ann. art. 3110 and La.Rev.Stat.Ann. §9:4210 and La.Code Civ. Proc. Ann. art. 2083

Louisiana
Original Brief On Behalf of Defendant/ Appellee J.P. Morgan Securities, LLC, Successor in Interest to Chase Investment Services Corp. and Banc One Securities Corp., , 6 pgs
Other Materials

Argues Court must affirm trial court's judgment because: appellant agreed to binding Financial Industry Regulatory Authority arbitration; arbitration panel found plaintiff's claims erroneous; plaintiff failed to prove any ground to vacate award; court determined hearing was fair

La.Rev.Stat.Ann. §9:4210

Louisiana
Original Brief on Behalf of Appellants Jon Besthoff Strauss, Jeffry B. Strauss and Susan Marie Carman Strauss, , 13 pgs
Other Materials

Argues Court must reverse summary judgment in plaintiff's favor because: unrecorded counterletter was not a sale; plaintiffs did not transfer any interest that triggered right of redemption; donation transferred 100% ownership under law of registry and contract interpretation

La. Civ. Code Ann. art 1839 and art. 1841 and art. 1947 and art. 1985 and art. 2028 and art. 2030 and art. 2033 and art. 2439 and art. 2442 and art. 2480 and art. 2567 and art. 2625 and art. 3338 and art. 3343 and art. 3425 and La. Code Civ. Proc. art. 2083 and art. 2133 and La.Rev.Stat.Ann. §9:2576 and §9:2721

Louisiana
Reply Brief on the Merits on Behalf of Jon Besthoff Strauss, Jeffry B. Strauss and Susan Marie Carman Strauss, , 4 pgs
Other Materials

Argues Court must reverse and set aside judgment because: owners never waived rights of first refusal; unit's fair market value was not determined; donation was valid

La.Rev.Stat.Ann. §9:1122.101 and La. Civ. Code art. 3343 and art. 2055

Louisiana
Petition for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction, , 5 pgs
Trial Pleadings

Requests Court grant temporary restraining order, preliminary injunction and permanent injunction because: defendants fraudulently had elderly man execute a power of attorney; defendants used elderly man's power of attorney for their advantage; defendants fraudulently had elderly man execute a Last Will and Testament; defendants fraudulently had elderly man execute an act of donation

(Intentionally Left Blank)

Louisiana
Cross-Appellee's Response Brief on Behalf of Plaintiff-Appellant / Cross-Appellee, John Ford Dietz, , 16 pgs
Other Materials

Argues Court must affirm district court's determinations because: jurisdiction was proper; there was no percentage of fault error; defendants were found liable; extortion and infliction of emotional distress determinations were in accord with applicable law and trial evidence; defamation damages were awarded in accord with applicable law; findings were supported by trial evidence

La. Civ.Code Ann. art. 2323 and art. 2324 and art. 2315 and La. Code Civ. Proc. Ann. art. 1951 and art. 1971 and La.Rev.Stat. Ann. §13:3201(3) and §14:66

Louisiana
Appellants' Brief, , 7 pgs
Other Materials

Argues Court must reverse trial court's dismissal and remand to district court because: trial court erred finding expert witness necessary for plaintiffs to avoid summary judgment; trail court erred dismissing plaintiffs' cause of action for negligence; trial court erred finding pharmacy not a solidary obligor; trial court erred dismissing pharmacy on its exception of prescription

La. Civ.Code Ann. art. 2324 and La. Code Civ. Proc. Ann. art. 1911 and art. 11915A and La.Rev. Stat. Ann. §9:2794 and §13:312 and §40:1299.47A(2)(a) and §40:2113.4

Louisiana
Original Brief for Appellant, Derek Page, , 20 pgs
Other Materials

Argues Court must overturn rulings and remand for further proceedings and trial on alleged negligent property maintenance, intentional and negligent infliction of emotional distress, tortious interference, failure to provide independent oversight of facility for disabled and elderly tenants because: trial court erred granting defendants' motion to strike memorandum and exhibits filed in opposition to motion for summary judgment; trial court erred granting defendants' motion for summary judgment

La. Code Civ. Proc. Ann. art. 966(B), (C) and art. 966C(2) and art. 967(B) and art. 964 and art. 966(b) and art. 964, (3) and art. 2700 and art. 966C(1) and art. 967 and art. 1551 and art. 966(C)(1) and La. Code Evid. Ann. art. 202 and art. 902

Louisiana
Original Brief on Behalf of Plaintiff/ Appellant, Gordon Handy, , 12 pgs
Other Materials

Argues Court must reverse trial court judgment because: plaintiff established custody; plaintiff showed risk of harm; defendant failed to take corrective action; trial court erred not allowing expert to testimony

La.Rev.Stat.Ann. §9:2800 and §9:2800(C ) and La. Civ.Code Ann. art. 2317 and La. Code Evid.Ann. art. 407 and art. 702 and art. 704

Louisiana
Reply Brief of Petitioners/ 1st Appellants, , 6 pgs
Other Materials

Argues Court must preclude summary judgment because: material questions of fact must be explored; discovery must be permitted

La. Code Civ. Proc. Ann. art. 4547 and art. 2082 and art. 2083 and art. 2164

Louisiana
Original Appeal Brief of Petitioners/ 1st Appellants Appealing a Summary Judgment Entered By the 15th Judicial District Court, Parish of Vermilion the Honorable Kristian Earls, Presiding Trial Judge, , 9 pgs
Other Materials

Argues Court must reverse trial court's judgment because: trial court's denial of motion to continue was an abuse of discretion; neither litigants nor court conducted discovery; there were material questions of fact that precluded summary judgment

La. Code Civ. Proc. Ann. art. 966C and art. 966 and art. 2164 and art. 967 and art 4547 and art. 966C(2) and art. 2083 et seq. and La. Civ. Code Ann. art. 390(b) and art. 389(d)

Louisiana
Original Brief on Behalf of Marilyn Banks, Appellee and Cross-Appellant, , 11 pgs
Other Materials

Argues Court must reverse or modify trial court judgment and dismiss defendant's suit with prejudice or, in the alternative, award plaintiff 1/2 for services rendered decedent because: court erred not determining inter vivos payment extinguished defendant's demand; court erred not determining pour autrui stipulation between plainfiff and defendant estopped defendant's demand; court erred not rendering judgment for plaintiff upon reconventional demand against estate; court erred not rendering judgment for plaintiff upon third party demand against defendant for 1/2 value of services rendered

La. Civ. Code Ann. art. 229 and art. 870 and art. 1523 and art. 1524 and art. 1525 and art. 1526 and art. 1761 and art. 1909 and art. 1971 and art. 1978 and art. 1979 and art. 1983 and art. 2298 and art. 3544 and La.Rev. Stat.Ann. §13:3721

Louisiana
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