Elder Justice Prosecutor Samples
Recommends Court deny summary judgment motion because: there are issues of material fact; defendants must be deposed on issue of independent oversight
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
Requests Court deny summary judgment hearing because burden of proof is on insurer not elderly insured (2010)
Argues Court must vacate sentence and remand for resentencing because: maximum sentence for first time offender is excessive; defendant was not professional health care provider; defendant would favorably respond to probationary treatment
Argues Court must affirm sentence because: sentence was not excessive; defendant cannot seek review of plea agreement sentence; defendant failed to specify reconsideration motion
Request Court deny JNOV or, in the alternative, motion for new trial or, in the alternative, remittitur because: defense failed to have Department of Health and Hospitals representative testify; jury was presented expert opinions on breaches of applicable standards; defense failed to present analysis of case facts showing abuse of discretion; jury's award was supported by jurisprudence and case facts; defense's argument for prescription was denied
Argues Court must affirm judgment because: plaintiff failed to disprove charges; plaintiff failed to prove trial court committed legal error; plaintiff failed to prove trial court abused its discretion
Submitted to Court: Names of Parties and Attorneys; Summary of Facts by Plaintiff; Summary of Facts by Defendant; Stipulations; Possible Stipulations; Contested Issues of Fact and Law; Defendant's List of Witnesses and Areas of Testimony; Defendant's List of Expert Witnesses and Field of Expertise; List of Defendant's Exhibits; Objections to Plaintiff's Exhibits; Medical Summary; Citations, Authorities and Quantum; Suggested Jury Charges; Suggested Jury Interrogatories
Argues Court must reverse trial court's findings because: trial court used improper standard of proof requirement; donation was null ab initio on the basis of duress or was revoked on the basis of donee's ingratitude
Argues Court must affirm trial court granting motion for summary judgment because: donation was signed before notary and two witnesses; donation reserved subsistence based on donor's assets, previous lifestyle and needs
Requests Court deny motion for new trial because it fails to raise or establish an issue "contrary to the law and the evidence" (2009)
Alleges: theft of aged or disabled person's assets; abuse of elderly person; exploitation of infirmed person; violation of fiduciary duties (2009)
Argues allegations of negligence, fraud, breach of fiduciary, deceit, personal enrichment, standards violations, fiscal dishonesty and unprofessional conduct affirm Board's decision because findings of fact and conclusion of law are not arbitrary, capricious, contrary to rule and regulations, violation of due process (2008)
Recommends Court dismiss with prejudice and costs because: burden of proof not met; presumption of fault not rule of law; death certificate shows primary cause obstructive apnea (2007)
Requests Court deny defendants' motion because testimony of expert witnesses in psychiatry, forensic psychiatry, addictive medicine and geriatrics aid in understanding mental competence and determining undue influence (2007)
Argues District Court considered: evidence; witnesses' credibility; elderly adult's lack of testamentary capacity; Second Will's beneficiary's undue influence. Requests Court deny appeal (2005)
Recommends Court issue declaration for: judgment awarding future monthly survivorship payments directly to plaintiff from Fund; 19.42% community property interest for back Fund payments; all costs to plaintiff (2004)
Recommends Court grant motion because suit fails to establish: falsity of allegations; lawsuit filed with malice; affirmations made specifically against plaintiff; Ethics Complaint published; torts of abuse of process or malicious prosecution; intentional emotional distress (2003)
Requests Court: certify matter as class action; render judgment individually and on behalf of all class members; render damages for costs, legal and equitable relief (2002)
Requests: curator ad hoc be served, cited and required to answer Petition; Court render judgment to compel accounting of 65 year old father's assets in 2000; damages award for property conversion, breach of mandatory duty, breach of fiduciary duty, emotional distress (2002)
Requests Court issue order restraining son from calling or visiting elderly petitioner. Requests Court enter judgment in favor of petitioner requiring: stock certificate(s) turn over; January and February 2001 distribution payments; shareholder distributions not made by judgment date; damages and costs (2001)
Recommends Court enter an additur, motion for judgment or motion for new trial because jury: abused discretion; awarded general damages; did not award expenses; awarded lower than proposed support damages (1999)
Recommends Court annul Will and distribute estate on intestate basis because: 92 year old lacked requisite capacity to manage or dispose of property; Will's execution unduly influenced (1998)
Argues Court must affirm judgments because: court rejected plaintiff's testimony on matters in controversy; court found defendant co-owned bank accounts; court found no delivery or bailment; court denied plaintiff's motion for attorney's fees
Argues Court must overturn disposition and reverse orders because: judge failed to conduct burden-shifting analysis; judge discounted medical records; judge failed to credit expert testimony; judge's evidentiary determination was based on misunderstanding of medical terminology; judge erred applying legal standard for undue influence; attorney's fees were improperly awarded