Elder Justice Prosecutor Samples

Requests Court deny motion because: there are questions of material fact; cases defendant cites do not support summary judgment on facts disputes; defendant must establish deed was fair in all respects

Requests Court appoint husband guardian of wife, son and their property because Maryland Attorney Grievance Commission: reprimanded Court appointed guardian; ignored husband's durable power of attorney; accepted incomplete certificates of incompetency (2013)

Argues Court must affirm judgment because: testimony preclusion was proper; package insert's statement exclusion was proper; evidence to establish prima facie case was necessary

Argues Court must reverse judgment because appellee failed to prove appellant neglected vulnerable adult or that neglect resulted in injury

Argues Court must reverse judgment because: court applied wrong legal standard; court sustained objection to question on self-defense

Argues Court must affirm order because: appellants failed to assert foreclosure defense prior to sale; receipt of federally required loan transfer notice after sale did not affect ratified foreclosure

Argues Court must vacate orders and remand because: court granted extension after representative failed to timely request extension; court granted motions to enforce settlement and to strike exceptions although agreement was not satisfied

Charges 3 Counts: abuse and neglect of a vulnerable adult in the second degree; Charges 3 Counts: assault in the second degree (2012)

Argues Court must reverse and remand with instructions because: testimony was erroneously excluded; relevant evidence was denied admission

Argues Court must grant new trial because court refusal to exclude testimony under attorney-client privilege was prejudicial error

Argues Court must reverse conviction and remand because: court has jurisdiction to address errors; court cannot admit testimony under crime-fraud exception; admission of testimony under attorney-client privilege was not harmless

Argues Court must vacate judgment or, in the alternative, reverse order and remand because: court adoped best interests standard to continue adult guardianship of property; court failed to consider less restrictive alternative to guardianship; record lacks evidence for continuation of adult guardianship of property

Charges 2 Counts: abuse and neglect of vulnerable adult in first degree; Charges 1 Count: abuse and neglect of vulnerable adult in second degree; Charges 2 Counts: exploitation of vulnerable adult (2011)

Argues Court must reverse decision because: deed was not ambiguous; court's conclusions were erroneous

Argues Court must affirm judgmnent because: appellee complied with agreement; court extended obligation to pay rehabilitative alimony until appellee's 62nd birthday

Argues Court must affirm motion to vacate judgment because there was evidence of extrinsic fraud, jurisdictional mistake and clerical irregularity

Recommends Court impose forty years executed incarceration and restitution upon release (2010)

Affirms: financial exploitation of vulnerable adult; fraudulent misappropriation of funds by fiduciary; theft scheme over $500; neglect of vulnerable adult in the second degree; illegal possession of regulated firearm. Recommends Court impose: punishment, deterrence and rehabilitation; sentence above guidelines; restitution upon release (2010)

Requests Court deny motions because unconscionability, duress and fraudulent inducement invalidate arbitration agreement (2007)

Requests Court deny motion because: public policy supports wrongful discharge claim; use of chemical restraint not motivated by medical necessity; government entities found no evidence of elder abuse; there is no presumption of good faith (2005)

Alleges: false and defamatory statements published; character and reputation harmed; professional reputation damaged; standing and reputation in community impaired (2004)

Requests Court order hearing prior to discovery deadline and impose sanctions because plaintiff failed to: answer deposition questions; produce documents; adhere to discovery rules (2004)

Requests Court deny punitive damages for fraudulent and invalid credit transaction because defendant knowingly made false statements and misrepresentations (2000)

Argues Court must affirm judgment because: plaintiff brought action after statutue of limitations; there were no equities in plaintiff's favor; there was no mutual mistake of fact; plaintiff failed to prove entitlement to equitable relief

Argues Court must vacate superintendent's decision because factual findings lack substantial evidence