Discussion Thread for Court of Appeals– June 16th Decisions

There are three cases with split opinions in last Tuesday’s court of appeals decisions list I’ll single out, one because I care about some of the issues (fiduciary relations, powers of attorney, wills, etc..  It’s an affirmance but with a dissent joined by two judges, splitting over a $35,000 to the benefit of the holder of a power of attorney.  I’m going to have to look more closely at this one).

The second, Anderson has already mentioned in comments, first when it came down, and later noting that a Thursday Supreme Court decision raises questions about whether it will hold up.  It’s affirms a trial court decision striking plaintiff’s experts.  The Supreme Court on Thursday essentially reached the opposite result in a unanimous decision, disagreeing only about how wrong the trial court had been.

Finally, there’s a split opinion that reversed a circuit court opinion affirming a Workers Comp commission decision against the employee.  It has a Roberts opinion with Carlton dissenting joined by Griffis and Maxwell.

Beyond these, there’s the unanimous affirming of four criminal cases (one involves the exciting issue of whether an indictment was sufficient for impression about the dates embezzlement occurred, another involving murder lesser-included-offense instructions), a workers comp case, and the second round of a case involving whether a road is public or private, a case involving the award of custody to a grandmother who has cared for a child two years after the death of the child’s mother, a case involving child support modification, and the affirming of a post-conviction case involving ineffective assistance of counsel.

Does anyone else see anything interesting?  Let us know.

Here are prior threads with comments about Court of Appeals cases:  Here are the prior threads: May 5th, May 12th, May 19th, May  26th thread, June 2nd, and June 9th.