CitationFirst State Bank v. Maryland Casualty Co., 918 F.2d 38, 1990 U.S. App. LEXIS 20684, 31 Fed. R. Evid. Serv. (Callaghan) 998 (5th Cir. Tex. Nov. 29, 1990) Brief Fact Summary. The Mills’ family residence, which was insured by the Maryland Casualty Company, was completely destroyed by fire. After inspecting the site, the insurance company refused to pay the claim, concluding the fire was a product of arson. Synopsis of Rule of Law. The district court acted correctly both in admitting the contents of the telephone call to the Mills’ residence and in denying plaintiff’ ...
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Travelers Insurance Co. v. Wright
Citation322 P.2d 417 (Okla. 1958) Brief Fact Summary. Two men were accused of burning down a property on which they later attempted to collect fire insurance. Synopsis of Rule of Law. In order to introduce testimony from a former trial into a subsequent one there must be (1) an inability to obtain the testimony from the witness, (2) a previous opportunity to cross examine the witness, (3) similarity of issues, and (4) similarity of parties. ...
United States v. Estes
CitationUnited States v. Estes, 793 F.2d 465, 1986 U.S. App. LEXIS 26221, 20 Fed. R. Evid. Serv. (Callaghan) 1089 (2d Cir. Vt. June 16, 1986) Brief Fact Summary. Defendant, Kenneth Estes, was charged with robbing the armored truck company he worked for of $55,000 and for perjury for lying to a grand jury during the investigation. He was convicted of perjury based largely on the testimony by his ex-wife. Synopsis of Rule of Law. Confidential communications regarding on-going criminal activity are not protected by the spousal privilege. ...
Wright v. Doe d. Tatham
CitationWright v. Doe, 400 Fed. Appx. 123, 2010 U.S. App. LEXIS 23276 (8th Cir. Ark. Nov. 8, 2010) Brief Fact Summary. A cousin, Sandford Tatham, filed suit against the estate of John Marsden seeking to set aside the will. George Wright was a beneficiary of the will and was named as a defendant. Tatham sought to prove that Marsden was not competent to create his will. Synopsis of Rule of Law. Third party statement made out of court which imply or an opinion or statement on the matter at issue is inadmissible hearsay. ...
Committee on Professional Ethics and Conduct of Iowa State Bar Association v. Mershon
CitationCommittee on Professional Ethics & Conduct of Iowa State Bar Asso. v. Mershon, 316 N.W.2d 895, 1982 Iowa Sup. LEXIS 1337 (Iowa Mar. 17, 1982) Brief Fact Summary. Respondent attorney is recommended for discipline in regards to his participation in a development deal with a client in which he accepted stock in the corporation in lieu of payment. Synopsis of Rule of Law. Attorneys should be very cautious about entering into business transactions with clients, doing so only after a full disclosure in situations in which each party has a “differing interest.” ...
State v. Callahan
CitationState v. Callahan, 652 P.2d 708, 232 Kan. 136, 1982 Kan. LEXIS 340 (Kan. Oct. 22, 1982) Brief Fact Summary. Respondent represented both parties in a real estate transaction and purposely drafted the sale agreement to favor the buyer, a long-time client. Neither this provision nor the pre-existing relationship was disclosed to the seller. Synopsis of Rule of Law. An attorney must fully disclose all potential conflicts of interest to both parties. ...
State v. Cota
Citation191 Ariz. 380,956 P.2d 507, 1998 Ariz.266 Ariz. Adv. Rep. 32 Brief Fact Summary. Defendant was convicted the unlawful transfer of marijuana. Defendant agues that State’s theory that he transferred the marijuana to himself is not permitted under the statute. Synopsis of Rule of Law. Where the crime is so defined that participation by another is inevitably incident to its commission, the legislature must have intended the other to remain unpunished under that specific crime. ...
State v. Warshow
Citation138 Vt. 22,410 A.2d 1000, 1979 Vt. Brief Fact Summary. Appellants argued that the defense of necessity enabled them to enter a nuclear power plant property and protest without committing the crime of trespass. Synopsis of Rule of Law. This defense cannot be allowed to justify acts taken to foreclose speculative and uncertain dangers. ...
Bishop v. State
Citation257 Ga. 136,356 S.E.2d 503, 1987 Ga. Brief Fact Summary. Appellant was found guilty of murder for killing a victim by a mechanical gun trap set for potential burglars. Appellant argued that it was a justifiable use of self defense. Synopsis of Rule of Law. A person is not justified in taking the life of another indirectly with a mechanical device unless he would have been justified had he been personally present. ...
Law v. State
Citation308 Ga. App. 76, 706 S.E.2d 604 (Ct. App. 2011) [2011 BL 52181] Brief Fact Summary. Appellant was convicted of second-degree murder for killing a police officer who he believed to be a burglar. Appellant argued that he was prejudiced by jury instructions given regarding the second-degree murder charge. Synopsis of Rule of Law. The right to defend one’s house is not absolute but subject to the standards of a reasonable, prudent and cautious person. ...
United States v. Peterson
Citation3253 Fed. Appx. 925; 2007 U.S. App. Brief Fact Summary. Appellant was found guilty of manslaughter for killing a trespasser whom he got into an altercation with. Appellant argued that he appropriately used self defense and was not guilty of manslaughter. Synopsis of Rule of Law. Deadly force is only allowed when the necessity for such appears to allow no other alternative. ...
State v. McVey
Citation376 N.W.2d 585 (Iowa 1985) Brief Fact Summary. Appellant was precluded from offering evidence of diminished capacity for the crime of theft. Synopsis of Rule of Law. Diminished capacity is not a defense for general intent crimes. ...
State v. Beale
Citation299 A. 2d 1 Brief Fact Summary. Appellant was informed that items for sale in his antique shop were possibly stolen and to put them aside for further investigation. Appellant was convicted of knowingly concealing stolen property after he sold the items in question. Synopsis of Rule of Law. The State of Maine must prove that Appellant himself had actual knowledge that the goods were stolen. ...
Ford v. State
Citation. 330 Md. 682,625 A.2d 984,1993 Md. Brief Fact Summary. Appellant was charged with several offenses after he threw landscaping rocks at car on a busy highway. Appellant argued that the doctrine of transferred intent could not be applied to several passengers that were injured due to his rock throwing. Synopsis of Rule of Law. The transferred intent makes a whole crime out of two halves by joining the intent as to one victim with the harm caused to another victim. Where the crime has actually been committed against the intended victim, transferred intent is unnecessary and should not ...
Regina v. Feely
Citation(1973) 2 W.L.R. 201. View this case and other resources at: Brief Fact Summary. Defendant was convicted of theft after taking money from his employer’s safe. Defendant claims he is not guilty of theft because he intended to pay the money back. In addition, defendant’s employers owned him money from the amount taken could be deducted. Synopsis of Rule of Law. A jury should determine whether or not an individual who takes money from his employer without permission acted dishonestly and is therefore guilty of theft, or should be allowed a defense that he intended to repa ...
People v. Reid
Citation2012 NY Slip Op 04272 (N.Y. June 05, 2012) [2012 BL 136331] Brief Fact Summary. Appellants were convicted of armed robbery despite evidence that Appellants were attempting to recover money owed to them. Synopsis of Rule of Law. A claim of right defense is not available in robbery cases to negate intent where the defendant uses force to recover cash allegedly owed him. ...
People v. Brown
Citation22 Ill.105 Cal. 66, 38 P. 518 (1894) Brief Fact Summary. Appellant was convicted of larceny after he entered an acquaintance’s house and took a bicycle. Appellant claims he did not intend to keep the bicycle, and therefore, he is not guilty of larceny. Synopsis of Rule of Law. In order to be found guilty of larceny, an accused must have intended to permanently deprive the owner of his property. ...
United States v. Girard
Citation440 Fed. Appx. 894 (11th Cir. 2011) [2011 BL 242533] Brief Fact Summary. Appellants were former agents of the Drug Enforcement Administration convicted of the unauthorized sale of government property. Synopsis of Rule of Law. The sale of information, although an intangible, qualifies as a “thing of value” under the statute forbidding the sale of records or things of value of the United States. ...
Regina v. Stewart
Citation387 F.3d 1146,2004 U.S. App.175 L.R.R.M. 3146; 150 Lab. Cas. (CCH) P10,397 Brief Fact Summary. Appellant was hired by a union to obtain confidential information from a hotel. After Appellant tried to bribe a hotel security guard to get the information, the incident was reported to the police. Appellant was subsequently charged with theft, but was acquitted by a single judge court. On appeal, the acquittal was reversed and a verdict of conviction was entered. Synopsis of Rule of Law. Confidential information is not considered “property” for the purposes of criminal law, a ...
State v. Miller
Citation22 Ill.192 Or. 188, 233 P.2d 786 (1951) Brief Fact Summary. Defendant induced the complaining witness to agree to guarantee his indebtedness to another on a false representation of ownership. Defendant was convicted of obtaining property by false pretenses. The issue revolves around whether or not, under the statutory scheme, this constitutes an allegation a criminal act. Synopsis of Rule of Law. A creditor who orally guarantees to pay the debt of another does not pass title to the debtor. ...
State v. Harrington
Citation View this case and other resources at: Brief Fact Summary. Respondent was an attorney retained by a woman to secure a divorce from her husband. With the consent of his client, Respondent arranged to obtain evidence of infidelity by hiring a woman to lure the man into having sex with her. Thereafter, Respondent sent the man a letter making a private accusation of adultery in support of a demand for a cash settlement in the divorce. Synopsis of Rule of Law. A demand for settlement in a civil action made with intent to extort payment, along with a malicious threat to divulge the wro ...
People v. Fichtner
Citation22 Ill.281 App. Div. 159, 118 N.Y.S.2d 392 (App Div, 2d Dept 1952) Brief Fact Summary. Defendants are managers of a supermarket and are accused of obtaining money from a customer by the wrongful use of fear. A jury found them guilty of extortion. Synopsis of Rule of Law. An individual who collects money by the use of fear induced by means of threats to accuse a debtor of a crime can be convicted of extortion even though he believed the debtor was guilty of the theft of an employer’s goods. It makes no difference whether the debtor stole any goods, or how much he stole. ...
People v. Ashley
Citation810 N.W.2d 582 (Mich. 2012) [2012 BL 102741] Brief Fact Summary. Defendant was convicted of grand theft under a California Penal Code. The case went to jury with instructions relating to larceny by trick and obtaining property under false pretenses. Defendant claims there was no unlawful taking of any kind. Synopsis of Rule of Law. In order to be convicted of obtaining property by false pretenses, the defendant must have made a false pretense or representation with intent to defraud the owner of his property, and the owner was in fact defrauded. ...
Nelson v. United States
Citation22 Ill.227 F.2d 21, 97 U.S. App. D.C. 6 (D.C. Cir. 1955) Brief Fact Summary. Appellant appeals from a conviction for obtaining goods by false pretenses. The trial court entered an acquittal on a second count of grand larceny. Synopsis of Rule of Law. The intent to injure or defraud is presumed when the unlawful act resulting in loss or injury is proved to have been knowingly committed. ...
Hufstetler v. State
Citation22 Ill.517 U.S. 1127, 116 S. Ct. 1368, 134 L. Ed. 2d 533 (1996) Brief Fact Summary. Appellant was convicted of petty larceny. The court considers whether based on the facts, the conviction can be sustained. Synopsis of Rule of Law. A person who obtains property via consent of its owner through trick or fraud is guilty of larceny because the trick or fraud vitiates the transaction and the owner is deemed to retain constructive possession. ...