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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 1526 - 1550 of 1552
Brief in Opposition, , 21 pgs
Other Materials

Argues Court deny petition and affirm judgment because responsibility for abuse and neglect of an incapacitated adult proven (2008)

Va. Code Ann. §18.2-178 and §18.2-369 and §18.2-369(B) and (C ) and §32.1-314

Virginia
Opinion by Judge Robert P. Frank, 14 pgs
5

Licensed practical nurse appeals conviction for forgery of disabled adults' medical records arguing insufficient proof and court's disqualification of trial counsel; requests new trial

Virginia
Virgin Islands Code Annotated Currentness, , 2 pgs
Other Materials

Identity theft: definition; determination; valuation; sentencing guidelines (2005)

14 V.I.C. §2202, VI ST T. 14 §2202

U.S. Virgin Islands
Civil Complaint, , 11 pgs
Civil Case Pleadings & Materials

Alleges: fiduciaries self-appointed; deceit; fraud (2005)

Common Law 14 V.S.A. §§§ 1451, 1452, & 1453

Vermont
Complaint , , 5 pgs
Civil Case Pleadings & Materials

Alleges: elder financial exploitation; undue influence; deceit; fraud (2002)

Vermont Senior Citizens Law Project

Vermont
State's Trial Memorandum, , 32 pgs
Criminal Case Materials

Recommends Court: exclude witnesses from courtroom; rule defendant's statements admissible; rule hearing unnecessary; require defense provide witness list; require defendant disclose defense; admit photographs; require witness criminal histories; limit admissibility and preclude evidence of State witness' bad character; hold pretrial hearing regarding State witness' status; require defendant confront witnesses with prior statements; exclude witnesses' bad character evidence; impeach defendant with prior convictions; exclude evidence of defendant's criminal history; exclude defendant's self-serving hearsay; exclude mention of proffer and filing dates; exclude evidence others were not charged with crimes; exclude allusion to punishment, compel proposed jury instructions; preclude witness opinions/legal conclusions (2013)

Washington
State's Trial Brief, , 26 pgs
Other Materials

Argues: victim vulnerable or incapable of resistance; witnesses excluded from courtroom; hearings unnecessary; defense submit witness and exhibit lists; nature of defense disclosed pretrial; current and prior theft, attempted theft and forgery convictions admissible; hearsay exceptions allowable; defense character evidence presented pretrial; motion in limine exclude allusion to punishment; defense submit complete proposed jury instructions (2012)

Wash. Rev. Stat. §9.94A.535(3)(b) and 5.44.010 and 5.44.040 and 9.94A.537 and Rules of Evidence 615 and 609(a) and (b) and 404(a) and (b) and 404(a)(1) and 801(d)(1)(iii) and 803(a)(1) and (a)(3) and (a)(4) and 402 and Washington State Superior Court Criminal Rule 3.5 and 3.6 and 4.7 and 4.7(b) and 6.15 and 6.15(a)

Washington
State's Sentencing Memorandum, , 4 pgs
Sentencing Memoranda

Recommends Court impose: 90 months incarceration; $3,520 restitution; no contact, volunteer or paid work with vulnerable adults; victim penalty assessment; DNA fee; court and recoupment for appointed counsel costs (2012)

Wash. Rev. Stat. §9A.56.065 and §9A.56.020(1) and §9A.82.050 and §9.94A.535(3)(b) and §9A.20.030(1)

Washington
State's Sentencing Memorandum, , 4 pgs
Sentencing Memoranda

Recommends Court impose: 6 months incarceration; restitution; no volunteer or paid work with vulnerable adults; victim penalty assessment; DNA fee; court costs (2012)

Wash. Rev. Stat. §9A.56.030(1)(a) and §9A.56.020(1)(a) and §9A.56.010(21)(c ) and §9.94A.535(3)(b) and (3)(n)

Washington
Information
, , 11 pgs
Indictments & Informations

Charges: one count theft of motor vehicle; one count trafficking in stolen property in the first degree; five counts theft of property in excess of $5000 in the first degree ; three counts theft of property in excess of $750 in the second degree (2012)

Wash. Rev. Stat. §9A.56.065 and §9A.56.020(1) and §9.94A.535(3)(b) and §9A.82.050 and §9A.56.030(1)(a) and §9A.56.020(1)(b) and §9A.56.040(1)(a)

Washington
State's Sentencing Memorandum, , 9 pgs
Sentencing Memoranda

Recommends Court impose: exceptional 68 month concurrent sentence; restitution hearing; victim penalty assessment; DNA fee; no contact with victims, elders or vulnerable adults (2011)

Wash. Rev. Stat. §9.94A.535(3)(b) and (3)(n) and §9.94A.537

Washington
State's Memorandum in Opposition to Defendant's Motion to Dismiss, , 14 pgs
Civil Case Pleadings & Materials

Recommends Court deny motion because facts establish prima facie case of theft by deception and embezzlement (2011)

Washington State Superior Court Criminal Rule 8.3(c)

Washington
State's Motion to Admit Prior Assaults Under ER 404(b), , 8 pgs
Civil Case Pleadings & Materials

Requests Court admit prior bad acts because: evidence motive; show absence of mistake (2011)

Rules of Evidence 404(b)

Washington
State's Response to Defense Motion for Bifurcation of Jury Instructions and Limiting Instruction, , 6 pgs
Criminal Case Materials

Requests Court deny bifurcation and limitation of jury instructions because: motion not authorized by Washington Sentencing Reform Act or Rules of Evidence; evidence of victim's vulnerability relevant to jury's determination (2011)

Wash. Rev. Stat. §9.94A.535(3)(a) and (3)(b) and §9.94A.535(3)(e)(iv), (h)(i), (o) or (t) and §9.94A.537 and §9.94A.537(4)

Washington
State's Response to Defense Brief Objecting to Jury Instructions on Fiduciary Duty and Joint Bank Accounts
, , 6 pgs
Civil Case Pleadings & Materials

Requests Court withdraw jury instructions on fiduciary duty and proposed joint bank accounts because they do not shift burden of proof or comment on evidence (2011)

Wash. Rev. Stat. §30.22.090

Washington
State's Trial Brief, , 31 pgs
Other Materials

Argues: vulnerable victim incapable of resistance; witnesses excluded from courtroom; hearings unnecessary; defense provide witness and exhibit lists; defendant disclose defense; prior criminal convictions admissible; defense provide notice of State witness prior bad acts; bank record summaries admitted; out-of-court and hearsay statements admitted; defendant offer character evidence pretrial; motion in limine exclude allusion to punishment; sidebars allowed during jury selection; defense provide complete proposed jury instructions pretrial; exclude unrelated definitions of "vulnerable adult" (2011)

Wash. Rev. Stat. §9.94A.535(3)(b) and §5.45.020 and §74.34.020(16) and §74.34 and §11.88 and §71A.10.020 and §70.127 and §74.39 and §9.94A.390(2)(b) and Rule of Evidence 615 and 609(a) and (b) and 608 and 402 and 403 and 404 and 1006 and 803(a)(3) and (a)(1) and (a)(4) and 806 and 801(d)(2) and Washington State Superior Court Criminal Rule 3.5 and 3.6 and 4.7 and 4.7(b) and 6.15 and 6.15(a)

Washington
State's Memorandum in Support of Exceptional Sentence, , 7 pgs
Sentencing Memoranda

Recommends 72 month exceptional sentence to: acknowledge reprehensible crime; account for suffering inflicted; provide just retribution (2010)

Wash. Rev. Stat. §9.94A.535(3)(b) and §9.94A.537(6) and §9A.20.021(1)(b)

Washington
State's Briefing Re: CrR 3.5 and CrR 3.6 Motions, , 33 pgs
Criminal Case Materials

Argues Court admit affidavit and deny motion (2010)

Washington
State's Trial Memorandum, , 30 pgs
Civil Case Pleadings & Materials

Recommends: witnesses excluded from courtroom; confession procedure hearing; defendant provide witness and exhibit lists; defendant disclose defense; defense not question witnesses about prior convictions; defense disclose evidence of misconduct pretrial; bank records summaries admitted; victim's out-of-court and hearsay statements admitted; no out-of-court and hearsay statements on defendant's behalf; victim's medical evidence admitted; pretrial disclosure of defendant's character evidence; allusions to punishment excluded; defense submit complete jury instruction pretrial; special jury form if defendant guilty; unrelated definitions of "vulnerable adult" excluded (2010)

Wash. Rev. Stat. §9.94A.535(3)(b) and §5.45.020 and §9.94A.530 and §9.94A.535 and §9.94A.537 and Rule of Evidence 615 and 609(a) and (b) and 608 and 402 and 404(b) and 1006 and 803(a) and 803(a)(1) and (a)(3) and (a)(4) and 801 (a) and (c) and 806 and 801(d)(2) and 406 and 404(a) and 401 and 404(a)(1) and 404(b) and Washington State Superior Court Criminal Rule 3.5 and 3.6 and 4.7 and 4.7(b) and 6.15 and 6.15(a)

Washington
First Amended Information, , 2 pgs
Indictments & Informations

Charges: breach of fiduciary; fraud; deceit; criminal intent; theft of property in excess of $5,000 from vulnerable person (2009)

Wash. Rev. Code §9A.56.030(1)(a) amd §9A.56.020(1)(a0 and §9A.56.010(21)(c ) and §9.94A.535(3)(b) and §9.94A.535(3)(n)

Washington
State's Trial Brief, 18 pgs
6

Argues: victim was vulnerable or incapable of resistance; Court authorize witnesses be excluded from courtroom; hearings are unnecessary; defense must submit witness and exhibit lists; nature of defense must be disclosed pretrial; current and prior theft, attempted theft and forgery convictions are admissible; hearsay exceptions are allowable; defense character evidence must be presented pretrial; motion in limine excludes allusion to punishment; defense must submit complete proposed jury instructions; Attorney-in-fact failed fiduciary duty to pay bills and spend assets solely for elderly mentally incompetent adult's benefit; Brief Argues: victim was vulnerable or incapable of resistance; Court authorize witnesses be excluded from courtroom; hearings are unnecessary; defense must submit witness and exhibit lists; nature of defense must be disclosed pretrial; current and prior theft, attempted theft and forgery convictions are admissible; hearsay exceptions are allowable; defense character evidence must be presented pretrial; motion in limine excludes allusion to punishment; defense must submit complete proposed jury instructions; Attorney-in-fact failed fiduciary duty to pay bills and spend assets solely for elderly mentally incompetent adult's benefit; Brief

Washington
Voir Dire, 2 pgs
Other Materials

Apologies; Caregiving; Neglect; Dementia; Dying At Home; Criminal Justice System

Washington
Defendants' Notice of Motions and Motions In Limine, , 7 pgs
Motions in Limine

Request to preclude: evidence of Plaintiff's knee injury; Defendants' personal lives; Plaintiff's post traumatic stress disorder (2013)

Wis. Stat. §904.01; Wis. Stat. §904.02; Wis. Stat. §904.03; Wis. Stat. §906.08(2); Wis. Stat. §906.09; Wis. Stat. §907.03; Wis. Stat. §972.11(2)

Wisconsin
Brief Regarding Plaintiffs' Motions In Limine and Trial Brief, , 7 pgs
Motions in Limine

Argues: trial brief's burden of proof misstates Wisconsin law; evidence relevant to credibility and damages claim admissible; expert witness opinions admissible (2013)

2011 Wisconsin Act 2, §45; Wis. Stat. §907.02; Fed.R.Evid. 702

Wisconsin
Pretrial Memorandum, , 11 pgs
Other Materials

Recommends plaintiff submit pretrial: material facts statement; liability theories; contested issues; relevant issues supported by statutes and case law; exhibit and witness lists; damages list; proposed stipulations (2011)

W.Va. Code §16-5C-15; W.Va. Code §55-7B-1; W.Va. Code §46A-6-101

West Virginia
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