Elder Justice Prosecutor Samples
Argues Court must affirm Superior Court's decision because: substantial evidence supported findings; penalties were not an abuse of superintendent's discretion
Argues Court must vacate superintendent's decision because: sufficiency of findings are challenged; core findings lack substantial evidence; penalties' reinstatment is legal error, arbitrary, capricious and abuse of discretion
Argues Court must affirm decision because: appellant failed to show probate court lacked judgment; appellant failed to show probate court adjudicated issues beyond case at hand; appellant failed to show probate court acted inconsistently; appellant failed to show probate court's order void; appellant failed to meet burden of proof for relief
Argues Court must vacate summary and foreclosure judgments and remand because: factual disputes regarding fair lending, consumer protection, and damages preclude summary judgment; defendant is entitled to trial on equitable defenses; defendant failed to produce admissible evidence for summary judgment in foreclosure actions
Argues Court must vacate judgment and remand because: no evidence supported personal property transfer was or exceeded 10% of elderly dependent adult's estate; there was no evidence of a confidential relationship; determination on breach of fiduciary damages disregarded bank account records
Argues Court must affirm judgment because: deed was rescinded pursuant to Improvident Transfers of Title Act; evidence supported undue influence; evidence supported damages assessment for breach of fiduciary duty
Argues Court must remand because: court awarded inadequate spousal support for long-term brain injury care; court failed to award attorney's and professional fees; court applied inappropriate standard for representation and protection of an adult incapable of making plans or decisions
Recommends: 7 year sentence; suspension of all but 2 years sentence; 2 years probation; $81,792 restitution; release of interest in mother's home; no direct or indirect contact with mother (2013)
Argues Court must reverse superintendent's decision or, in the alternative, remand for untainted proceedings because: basis for liability was unsupported; record lacked substantial evidence of annuity sales violation; proceedings did not comport with due process and fairness requirements
Argues Court must affirm superintendent's decision and order because: substantial evidence in record supported producer could be held accountable and penalized; record supported ten violations of law when annuities were sold; Superior Court found no evidence of bias
Argues Court must reverse superintendent's decision or, in the alternative, remand for untainted proceedings because: findings and penalties were unsupported; no evidence supported ten violations; proceedings did not compote with due process
Recommends Court deny motion because issues of material fact preclude summary judgment
Argues Court must reverse dismissal of punitive damage claim because: there is a question of fact as to defendants' breach of duty; a jury must consider damages
Requests Court grant leave to assert cause of action for legal malpractice (2011)
Requests Court grant leave to file amended complaint because: facts support a legal malpractice allegation; facts question attorney-client relationship
Argues Court must overturn full guardianship and full conservatorship appointments because: appointed individuals previously disregarded restrictions of limited guardianship and limited conservatorship and violated protected person's civil rights; individuals were appointed without consideration of ward's specific needs or attention to ward's developing self reliance and independence
Requests judgment for defendant: Count I - Abuse of a Confidential Relationship by Undue Influence; Count II - Improvident Transfer Act Claim; Count III - Abuse of a Confidential Relationship by Undue Influence; Count IV - Abuse of a Confidential Relationship by Undue Influence; Count V - Imposition of a Constructive Trust as to Property; Count VI - Tortious Interference with the Expectation of a Legacy
Requests judgment for plaintiff: Count I - Accounting; Count II - Improvident Transfers; Count III - Undue Influence; Count IV - Restitution and Constructive Trust; Count V - Restitution and Constructive Trust; Count VI - Interference with the Expectation of a Legacy; Count VII - Improvident Transfers
Argues Court must reverse and remand appeal because: elderly plaintiff signed mediation agreement with insufficient knowledge and under duress; court failed to consider plaintiff's cause for entering into mediation agreement; court failed to consider elderly plaintiff's signature was coerced
Requests Court order: payment of half proceeds from sale of home; return of elderly adult's possessions or establishment of trust regarding possessions and proceeds due from home sale; compensatory and punitive relief (2010)
Argues Court must vacate superintendent's decision because: individual health insurance market lacks participants; plaintiff's exit would adversely effect business and economy; disallowing profit would adversely effect individual health insurance market
Argues Court must affirm Superior Court judgment because: defendant fails to disprove intentional infliction of emotional distress; law and fact support damages
Argues Court must deny appeal because: lease was in continuous effect; appellant failed to show abuse of discretion, error of law, prejudicial instructions or projudicial rulings at trial
Recommends: 2 year sentence; suspension of all but 9 months' sentence; 2 years probation; prohibition against work with the elderly (2010)
Requests Court grant motion and hold testimonial hearing to assess any credibility issue related to memoranda, arguments and affidavits (2009)