Elder Justice Prosecutor Samples
Argues Court deny petition and affirm judgment because responsibility for abuse and neglect of an incapacitated adult proven (2008)
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
Identity theft: definition; determination; valuation; sentencing guidelines (2005)
Alleges: fiduciaries self-appointed; deceit; fraud (2005)
Alleges: elder financial exploitation; undue influence; deceit; fraud (2002)
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)
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)
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)
Recommends Court impose: 6 months incarceration; restitution; no volunteer or paid work with vulnerable adults; victim penalty assessment; DNA fee; court costs (2012)
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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)
Recommends Court impose: exceptional 68 month concurrent sentence; restitution hearing; victim penalty assessment; DNA fee; no contact with victims, elders or vulnerable adults (2011)
Recommends Court deny motion because facts establish prima facie case of theft by deception and embezzlement (2011)
Requests Court admit prior bad acts because: evidence motive; show absence of mistake (2011)
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)
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)
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)
Recommends 72 month exceptional sentence to: acknowledge reprehensible crime; account for suffering inflicted; provide just retribution (2010)
Argues Court admit affidavit and deny motion (2010)
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)
Charges: breach of fiduciary; fraud; deceit; criminal intent; theft of property in excess of $5,000 from vulnerable person (2009)
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
Apologies; Caregiving; Neglect; Dementia; Dying At Home; Criminal Justice System
Request to preclude: evidence of Plaintiff's knee injury; Defendants' personal lives; Plaintiff's post traumatic stress disorder (2013)
Argues: trial brief's burden of proof misstates Wisconsin law; evidence relevant to credibility and damages claim admissible; expert witness opinions admissible (2013)
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)